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Try Our Relatively Independent Construction Procedures Sentencing

Posted on:2011-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z G WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The premise, condemnation is sentencing sentencing is the ultimate purpose of criminal judicial activities, both in the criminal lawsuit activity shall have equal status. The lawsuit theory from mainland, long-term since our criminal justice system and litigation ideas are almost will prevent abuse of authority as the simulated conviction. However, as the life and sentencing civil liberties in the final results, the parties have final significance, also become public evaluation standard of justice. How to limit on the judges discretion, norms, fair and reasonable sentencing should become truly worthy of our attention.Based on analyzing current status of sentencing program, Through the integration of continental law system and common law independent sentencing program of comparison and analysis of sentencing procedures, Reference for our advanced experience, procedure and sentencing theory of construction of the system design is suggested. The article is divided into the introduction, body, and conclusion. Text has three parts, about 35,000 words. The first part, sentencing concept definition of sentencing procedures and features and value is discussed in this paper. Fully affirmed the sentencing procedures in regulating the sentencing discretion of judges to ensure fair sentencing proceedings effectiveness and enhance the positive value. Reflect on and learn the motivation, the effects of civil law and common law countries in the design of the system, the two legal systems of the sentencing process model were compared and reviewed, and get some of Construction separate sentencing procedure. The second part, from the current sentencing procedure legislation and judicial two aspects are described and analyzed its origin. The lack of legal sentencing program at present in China is the main problem of sentencing program. The judge sentencing lack specific sentencing standard, the parties may not participate in sentencing procedures and the evidence from sentencing full series started collecting system eventually resulted in sentencing the injustice. The third part, and proposes the ideas of system program sentencing. Bold and puts forward a new model -- relatively independent sentencing program mode. Relatively independent sentencing program should include the reasonable cases of the crime measurement pleading and independent system against mechanism, perfecting the system of evidence and the specific sentencing sentencing guidelines introduced standards and case. Meanwhile, we should clarify the disputes and see the crux of the problem, consummating and establish independent sentencing program in sentencing the fair and reasonable, balanced play the positive role.
Keywords/Search Tags:Sentencing, Sentencing procedure, Sentencing justice, Discretionary power, System construction
PDF Full Text Request
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