Font Size: a A A

Study On Separation Of Conviction And Sentencing Procedures

Posted on:2012-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:M L GaoFull Text:PDF
GTID:2166330332992274Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal justice activities are divided into two parts conviction and sentencing, Both activities must comply with the general rules of criminal justice activities, But the two problems to be solved for them are different. The former is to solve whether the defendant constitutes a crime, while the latter is to solve whether the defendant is the need for sentencing. There is a kind of logical relation between conviction and sentencing, conviction is a prerequisite, sentencing is the result.In our country, the legislative about sentencing procedures is Little. conviction and sentencing procedures implemente in one mode, The so-called "court judge" is to solve the Problem of a conviction but the sentence is little.In judicial practice, Imbalance in sentencing led to widespread concern in theory and practice. This article talk about the reletionship between Conviction and sentencing first, I put forward suggestions on how to achieve a fair sentencing. sentencing is to separate form court activities,and establishing an independent sentencing procedure.This Paper could be divided into three Parts introduction, the main body and the conclusion, of which the body includes four chapters, as follows:Chapter one Discriminating the relationship between conviction and sentencing.conviction is to resolve whether a defendant convicted of a crime, it is based on Constitution theory of crime, it follows the principle of legality; Sentence was to solve the crime with which the penalty. On the substantive law, conviction is the pursuit of accurate and appropriate sentencing, to achieve significant crime. On procedural law, sentencing and the conviction are part of criminal trial activities. Sentencing is in determining the guilt of the accused carried out. If a defendant is sentenced, he must be convicted first.Chapter two is the review of sentencing procedure of the two legal families. One is the independent sentencing procedure of the common law system.Sentencing procedures is Parallel and independent of the conviction process. It has its own unique litigation concept, litigation construction. Focus on UK and U.S. The other one is the mixed sentencing procedure of the civil law system. Sentencing procedures are not independent of the conviction process, The center of the court is conviction.However, involved in some of the processes of sentencing. Focus on Germany and France.Chapter three is about existing issues in current sentencing process for China. In theory, conviction that contains the sentencing model weaken the effect of the presumption of innocence, too much diseretion for judges as lack of procedural constraints,against the requirements of adversarial litigation model. In practice, The main subject are in an awkward position, sentencing are unbalanced serious.Chapter four is about the construction of China sentencing procedure. Introduced to legislative ideas the separation of conviction and sentencing procedures, According to the defendant guilty or not. Designing two different of Sentencing procedures; At the same time, It is necessary to establish the basic system of sentencing procedures. From the right of the prosector recommendation, the defense right to a defense sentencing, the victim sentencing claims and Sentencing former survey report four independent of China, s sentencing proeedure is to build.
Keywords/Search Tags:conviction, sentencing Procedure, the independent Sentencing Procedure
PDF Full Text Request
Related items