| Judging cases based on circumstances is the ideal model of traditional Chinese criminal justice, and its counterpart is judging cases based on charges. Judging cases based on circumstances is achieved by delving into the real circumstances beyond the charges. Compared with charges, which are merely reflections of the criminal manifestations stipulated in the specific provisions of criminal laws, circumstances refer to the real situations in specific cases. It includes not only the particularity of the object of the crime and the objective manifestations of the crime, such as actions, consequences, specific details of the crime, and the object of the crime, but also the subjectivity of the offender and their subjective faults as negligence. In practice, there are three approaches to judging cases based on circumstances. First, finding the most appropriate legal provisions for the circumstances of a specific crime, including applying different clauses in the original legal provisions for judging cases based on charges, applying different legal provisions, and making a not-guilty verdict. Second, in the absence of specific legal provisions, adhering to the principle of proportional punishment, i.e., sentencing individuals for solitary crimes based on the severity of outcomes, sentencing co-offenders according to their roles(principal vs.accessory), and sentencing the implicated based on their closeness to the offender. Third, when there are no specific legal provisions and the case cannot be judged according to legal principles, handling the case in accordance with the principle of leniency for doubtful cases. The reason why traditional justice advocates judging cases based on circumstances is its consistency with the law, its contribution to achieving more judicial justice and more effects of proportionality between crime and punishment and equal judgment for similar cases, and its contribution to realizing lenient and forgiving justice. |
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