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Research For Penalty Measurement Justness And Balance

Posted on:2005-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:F GaoFull Text:PDF
GTID:2156360152470852Subject:Law
Abstract/Summary:PDF Full Text Request
Penalty is the criminal law result for crime. And the measurement of penalty is the only way for pursuing this result. The problem of penalty measurement justness and balance has become one of the hot points for nowadays criminal law judgment practice and criminal law research. This paper try to discuss to set up guarantee system for penalty measurement justness and balance through the theory research of penalty measurement justness and balance and combining with criminal judgment practice work. Except the foreword part and the epilogue part, this paper is composed of six parts. The first part is the opening words for the whole paper. From the comparison of three cases judgment results, the author educes that there are some unfair and imbalance penalty measurement existing in criminal judgment practice work, and then makes further research on the lawful problem of penalty measurement justness and balance. The second part is to study and discuss the lawful theory of penalty measurement justness and balance. Taking the meaning, character, content and requirement of penalty measurement as the start point, the author makes an analysis on the value foundation of penalty measurement justness and balance, and brings forward the requirement and judgment standard of penalty measurement justness and balance. The third part plays its emphasis on stating the principle which has the best directing function for legal crime penalty of penalty measurement, and which is on speaking terms of crime, responsibility and penalty. The author also states the meaning of this principle for penalty measurement at the same time. Thefourth part is to analyze the content and necessary character of penalty measurement jurisdiction for judiciary and the effects for penalty measurement justness and balance of it. From the aspects of scientific legislation, supervision strengthening, quality improving, lawful consciousness buildup and so on, the author brings forward the measures of regulating penalty measurement jurisdiction. The fifth part is to discourse upon other important factors which may affect penalty measurement justness and balance, including criminal law, criminal policies, judiciaries, social lawful consciousness and other aspects, which may settle down a stable foundation for establishing scientific penalty measurement system. In the sixth part, taking the above mentioned problems combination as its base, the author discusses the establishment of penalty measurement justness and balance system from the aspects of scientific penalty measurement system, prejudication system, strengthening collegial panel and judiciary's functions, salvation system and so on.
Keywords/Search Tags:Penalty Measurement Justness, Penalty Measurement Balance, The Principle of Crime Legal Measurement, The Principle of Being on Speaking Terms of Crime, Responsibility and Penalty, Penalty Measurement Jurisdiction, Penalty Measurement Guide
PDF Full Text Request
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