The general principle of sentencing in the Criminal Law is to impose a sentence according to the relevant provisions of the Criminal Law, based on the facts of the crime, the nature of the crime, the circumstances and the degree of harm to society. If the circumstances of a heavier or lighter punishment are specified in the Criminal Law, the punishment shall be imposed within the limits of the statutory punishment.
Legal basis
Article 61 of the Criminal Law of the People's Republic of China [General Principles for Sentencing] When a criminal decides his punishment, he shall be sentenced according to the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society, and in accordance with the relevant provisions of this Law.
Article 62 of the Criminal Law of the People's Republic of China [Heavier punishment and lighter punishment] If a criminal has the circumstances of heavier or lighter punishment specified in this Law, he shall be sentenced to punishment within the limits of the statutory punishment.