The singular or the plural of circumstance for sentencing should be determined in the context of particular cases . The primary issue is to distinguish the circumstances for sentencing from the constituent elements of crime . The derivative constituent elements of crime should not become circumstance for sentencing . Among the comprehensive constituent elements of crime,only one will be taken as the constituent element,and the other elements will be converted into circumstances for sentencing . When there appears a combined relationship,an inclusive relationship or a competing relationship between circumstances for sentencing,we only regard one of them as the sentencing circumstance;and when the subject has committed several crimes,one Meritorious Service of this subject can only serve as a singular circumstance for sentencing while the minor identity and the circumstance of recidivism should serve as plural circumstances for sentencing .
陈航. 量刑情节单复数问题研究[J]. 浙江大学学报(人文社会科学版), 2012, 42(1): 201-210.
Chen Hang. A Study on the Singular and Plural of Circumstances for Sentencing. , 2012, 42(1): 201-210.