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Sentencing Rationality

Posted on:2012-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:J F YangFull Text:PDF
GTID:2166330338450406Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Measurement of penalty is the presiding judge decides has constituted a crime fact and other circumstances, to give what kind of criminal punishments, to change the former punishment, or to use some non-penalization activities. Reasonable sentencing refers to the presiding judge according to special circumstances, follow rules and clear understanding on their logic reasoning process, and solve the case of prognosis with their experience. Reasonable means this sentencing conclusion can be used under the sentencing legal considerations and ethical judgment stand. Both of the synthesis of righteousness "sentencing can be found in this article。First, the task of sentencing was to sentence criminal punishment decision or not, if applicable, what kind of punishment method should be used, and what the time is, and penalties if you need executive probation. The significance of sentencing is important, especially the significance of justice to sentencing.The penalty punishment sentencing justice is the fundamental guarantee for the purpose. The criminal judicial justice is sentencing justice criminal legislation, even the most direct embodiment of the justice of criminal justice, the most concentrated as well. Sentencing is the core content of the state's criminal activities. The study of sentencing principle is the important foundation of sentencing reasonably. The rationality of sentencing principles include the principles of fairness and the principles of sentencing based on law. Well the punishment sentencing justice, as an important theoretical basis, plays an important role in the process of sentencing. The realization of sentencing justice is the realization of rationality sentencing.Second, the principle of rationality of equilibrium principle sentencing plays an important role in this, and it is necessary to study the legality of the relationship between rationality and balanced sentencing. According to a preliminary understanding of the basic theory and balance principle, to study the principle of balance deeply.With the analysis on the subjective vicious and social harmfulness, it plays an important role in study of the rationality of sentencing and the time of balance of prospects.Third, the realization of rationality of sentencing can not be done overnight. It can be realized only with the effort of many people, many practical procedures and measures as well. This paper is based on standard benchmark, punishment individualization and to establish and perfect the relatively independent sentencing program research to achieve the rationality of sentencing.
Keywords/Search Tags:The rationality of sentencing, Sentencing equilibrium, Principle
PDF Full Text Request
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