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Research On Baseline Punishment

Posted on:2012-12-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:X D ZhangFull Text:PDF
GTID:1116330332497414Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"Standardizing the judicial discretion and incorporating sentencing into the trial proceedings in courts" (hereinafter referred to as the "sentencing standardization reform") is the major judicial reform project confirmed by the Central Government. The sentencing standardization reform is the objective needs for the progress in the rules of laws and the advancement of times, as well as the new requirements and new expectation of the people in the new era. The main objectives are to unify the criteria for applicability of law, standardize the judicial discretion, strict enforcement of law, to be precise in discretionary punishment, ensure quality of case handling, achieve equity and justice, maintain social stability and promote social harmony. The implementation of this reform is of highly important significance with regard to a complete sentencing system and criminal procedure system, raising the standards of enforcement and case handling, facilitating the establishment of socialist rules of law and ensuring that equity and justice are achieved throughout the entire society. Upon in-depth investigation, research and argumentation and wide solicitation of opinions from all aspects, the Supreme People's Court has formulated the Guiding Opinions on Sentencing by People's Courts (Trial Implementation) (hereinafter referred it as Guiding Opinions on Sentencing).Guiding opinions on sentencing sets a method that contains three steps,which are as follows:(i) The starting point for sentencing shall be determined according to the essential constituent facts of a crime within the corresponding range of statutory punishment;(ii) According to other corpus delicti that affect the constitution of a crime such as the amount involved in a crime, the frequency of crime and the consequence of crime, the baseline punishment thereof shall be determined by increasing the amount of the crime on the basis of the starting point for sentencing; and(iii) The pronounced punishment shall be determined in accordance with the law by adjusting the baseline punishment based on the sentencing scenarios and taking into overall consideration the situations of the entire case.So we can see that the baseline punishment plays an key role in the sentencing, for it is not only the result of starting point for sentencing but also the basis of founction of sentencing scenario. The accuracy of baseline punishment has a direct connection with the destiny of sentencing standardization reform. The paper takes the baseline punishment as the, topic, which will have a positive influence on the reform implementation.ChapterⅠof the paper firstly intruduced the procedure of sentencing standardization reform,theoretical innovation and the practical effect.Then,analysised the problmes existing in the sentencing standardization reform.The last part pointed out the origin of the study.ChapterⅡof the paper started with the concept and the features of baseline punishment, and then discussed the process to put forward it,pointed out that the basis of the baseline punishment did advantages to the construction of sentencing steps, specification of penalty discretion and the application of sentencing scenario. In chapterⅢ,the author analyzed the basis of baseline punishment establishment,which means that the theoretical premise of baseline punishment is taking the quantity analysis into the method of sentencing,and the basis of baseline punishment is the penal law and the trial practice,and at the same time,the baseline punishment is corresponded to the trial practice in china. In chapterⅣ,the author analyzed two modes to define the baseline punishment,which are single pattern and compund pattern,and respectively evaluated them after discussing the theoretical basis and view. The 2010 Guiding Opinions on Sentencing takes the single pattern as its mode.Both the single pattern and the compund pattern have their advantages and limitations,and the author prefers to make modified facts as the facts to determine the baseline punishment,Which is better for achieving a just punishment.In chapterⅤ,the author discussed the concept and the features of the starting point for sentencing and insisted that the starting point for sentencing should be set as a"range",and then put forward suggestions to complete the provision of the starting point for sentencing in 2010 Guiding Opinions on Sentencing.In chapterⅥ,the author discussed the concept and the features of the amount of punishment,which provided the viewpoint that according to other corpus delicti that affect the constitution of a crime such as the amount involved in a crime, the frequency of crime, the consequence of crime and so on, increasing the amount of punishment on the basis of baseline punishment is key to sentencing justice, and it is corresponded to the criminal law in China additionally. Furthermore, the amount of punishment should also be set as a"range", on which the author put forward suggestions on amount of punishment to complete the 2010 Guiding Opinions on Sentencing and its detailed rules and regulations of implementation.
Keywords/Search Tags:Guiding Opinions on Sentencing, Baseline Punishment, Starting Point for Sentencing, Amount of Punishment, Sentencing Steps
PDF Full Text Request
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