Criminal sentencing statutory circumstances and circumstances. Legal circumstances refers to the criminal law provisions must be considered in the sentencing plot, including the consideration should be given to specific criminal provisions of the general provisions of the criminal code of the legal circumstances and the specific provisions of criminal law in the plot. The general provisions of criminal law is the general provisions of the criminal law of every crime generally applicable. This paper mainly summarized the "criminal law amendment" to "eight" the general provisions of criminal law in the legal circumstances change.

Legal circumstances of the penal code provisions shall be given a heavier, lighter, divided into four types of reduction and exemption.

1, aggravating circumstances

From the plot that is applicable to the circumstances of the crime a heavier penalty on the criminals within the range of statutory penalty. In the measurement of penalty in criminal law must be within the range. The criminal law twenty-ninth stipulation: who instigates others to commit a crime, shall be punished according to the role he plays in a joint crime. Instigates a person under the age of eighteen person who commits a crime shall be given a heavier punishment. "Criminal law amendment eight" will be sixty-fifth of the criminal law is amended as: a criminal element sentenced to fixed-term sentence or more severe punishment, penalty is finished or pardoned, within five years shall be sentenced to more than make a punishment of sin, is a recidivist, shall be given a heavier punishment, but the error crime and under the age of eighteen crime except. The general principles of criminal law provisions of these two kinds of circumstances shall be given a heavier punishment. Should pay attention to "two kinds of criminal law amendment eight" out, is a negligent crime, one is under the age of eighteen crimes. A front was originally don't belong to the recidivist, should be excluded. While the second for juvenile recidivism shall be given a heavier punishment exclusion, impact effect on minors, conducive to the transformation of minor; fully reflects China's protection of human rights and people-oriented philosophy of punishment; also reflects China's criminal law education based, supplemented by the principle of punishment.

2, a lighter, mitigating circumstances

Mitigating circumstances that is applicable to a lighter penalty on the criminals in the legal scope of the circumstances of the crime. Mitigating circumstances refers toThe criminals with the provisions of this Law of mitigating circumstances, shall be sentenced to a punishment below the legally prescribed punishment;The provisions of this law, a plurality of sentencing, he shall be sentenced to a punishment in a range of statutory sentencing sentencing range. This is the "criminal law amendment eight" on mitigating modification.Many of the statutory mitigating, mitigating circumstances than the statutory aggravating circumstances stipulated in the criminal law of our country. "Criminal law" the seventeenth paragraph third: full fourteen years of age under the age of eighteen crimes, shall be given a lighter or mitigated punishment. Attention should be paid to "a kind of plot amendment eight" increase is:The full seventy-five years of age who intentionally the crime, may be given a lighter or mitigated punishment; criminal negligence, shall be given a lighter or mitigated punishment. As can be seen, the criminal law of our country to minors and the full seventy-five year old man with special provisions. "Amendment eight" to "criminal law"Sixty-seventh in one paragraph is added as the third paragraph: "the suspect is not with the provisions of the preceding two paragraphs plot, but confess, may be given a lighter punishment; for his truthful confession, to avoid serious consequences occur, can reduce the punishment." The protection of human rights in the criminal law of our country and the respect from the embodiment of amendment eight obvious.