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Study On The Sentencing Procedure

Posted on:2008-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z M ZhaoFull Text:PDF
GTID:2166360242469368Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Judicial justice is the unity of substantive justice and procedural justice, which is achieved through the previous one. Conviction and sentencing discretion are two basic tasks which are of equal importance. In certain sense, conviction is the preparation work of impartiality of determining what punishment to give. Both the social public masses and the defendant judge judicial justice through impartiality of sentencing discretion which is much more meaningful than conviction at the point of the realization of punishment. However, in our country that the procedure mixed with the conviction procedure results in the low authority of the judgment. On the impel of both the procedure justice theory and the disadvantages in sentencing practice, I started my study on the subject of sentencing procedure. The creative point of the paper mainly concerns with the overall renovation on our country's sentencing procedure while bringing forward the detailed scheme on the setting of the system. Mainly this paper, which is about 40000 words in total, could be divided into three parts: introduction, the main body and the conclusion, of which the body includes four chapters, as followings:Chapter one is the situation of sentencing procedure in our country. While its characteristics, complexity and the essentiality arouse our interest in sentencing procedure, we found that there is no concept of sentencing procedure in the criminal procedure law of our country. Sentencing is just subordinations to conviction in trial. Through analyzing on its disadvantage, this paper indicates the necessity and urgency of its innovation.Chapter two is the review of sentencing procedure of the two legal families. In order to construct an independent sentencing procedure, firstly it states the sentencing procedure rules of the two great law systems as well as the specific system in French and England. Though analyzing on the reasons of its formation, and comparison on the independent sentencing mode of the two legal families with our country's mode, it probes into the independent procedure.The renovation of our country's sentencing procedure is the key point of this paper, which concerns two aspects, one probing into the fundamental theory while the other one with the design of the specific system.Chapter three introduces several fundamental theories as to the formation of sentencing procedure in our country. Firstly, procedure justice is introduced in sentencing which values a lot the procedure justice on sentencing. Secondly, as a request of procedure justice, an independent sentencing procedure is designed, where the criminal procedure structure is talked and the different positions, their responsibility of the accuser, the victim, the accused as well as the judge are analyzed. Thirdly, study on the evidence of sentencing. As the construction of the independent sentencing procedure raised the cost, and reduced the benefit. Finally, this paper expresses the view on sentencing fairness and benefit proposes the ways to it. In chapter four, the detail plan of our country's sentencing procedure is set forth. This paper indicates overall reconstruction of the sentencing procedure while to achieve its fairness and benefit through treating the cases differently. Mainly, they could be divided into six types: the common sentencing procedure; the summary sentencing procedure; the direct sentencing procedure; the independent sentencing appealing procedure; the death sentencing procedure and particularity of juvenile sentencing procedure.
Keywords/Search Tags:Sentencing, Sentencing procedure, Conviction, Procedural justice
PDF Full Text Request
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