Study On The Procedure Of Measurement Of Penalty

Precise conviction and just measurement of penalty are two elementary requirements toward criminal adjudication in modern legal society. Comparing with conviction, the measurement of penalty is of greater legal importance in the realization of intent of criminal code. The study on procedural measurement of penalty is profitable in safeguarding judicial justice, and its independence also is the inherent quality of a rational and just criminal procedural law. Honestly, in China's current criminal adjudication, the status quo of imbalance on measurement of penalty is given by the combined and non-procedural pattern of measurement commonly found in Roman-Germanic family. Undoubtedly, the reform on standardized measurement undergone in China is greatly beneficial in altering present maladies, and the reform should eye on overcoming disadvantages of current patterns of measurement with a premise of deeper understanding to the nature of measurement of penalty. Correspondingly, the exercises of next step's reform should abandon drawbacks of traditional measurement in our country, invite and assimilate proved merits from foreign judicial practice, thus set up an independent procedural system with our own characteristics, meanwhile a reciprocal restraint mechanism on litigious right among lawsuit participants should be built in the new procedures. On the basis of running exercises in measurement standardization, the thesis puts forward its systematic conception to build a set of relative independent procedures of measurement with a detailed theoretical expounding to this domain.This thesis is constituted with 3 parts, foreword, text & epilogue, and 30,000 words in total, in which the text contains 3 chapters. In chapter one, the author gives a theoretical elaboration to definitions, characters, principles on criminal measurement and procedures of measurement, meanwhile introduces the current patterns on procedures of measurement in China, in comparison with typical patterns in certain foreign countries. In chapter two, the author thinks the reform to measurement standardization should center on control of procedures, based on a thorough analyzing to the phenomenon and causes of measurement imbalance in China. In chapter three, the author submits an overall conception on setup of a relative independent system on procedures of measurement.