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The Sentencing Deviation Judicial Settlement

Posted on:2008-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:T YuanFull Text:PDF
Abstract/Summary:PDF Full Text Request
This thesis comprises four parts.The first part briefly introduces and summarizes the current situation, consequence and reasons of sentencing error. The reasons that cause sentencing error are then analyzed. There are two major reasons: one is from the sentencing party; the other one is from lack of the sentencing method. Based on the two major reasons, three solutions to solve sentencing error are suggested, as follows: First, establish constructive basic principles for sentencing; second, create correct sentencing methods; and third, form scientific sentencing procedures.In the second part the author points out the general ideas of the current sentencing principles, which are based on crime facts and measured on criminal law. On the other hand, the author also points out the shortcomings of the general ideas. In addition, the author introduces several theories from academy for rebuilding the basic principles of sentencing. Combined with the demonstration of establishing the sentencing standards, the author criticizes some of the rebuilding theories. Instead, the author proposes that punishment matching crime principle, individual punishment principle and sentencing tolerance principle should be modified, and a principle combining punishment matching crime and individual punishment, and sentencing economy principle should be established. From the development aspects of the purposes criminal punishment in history, the author emphasizes the principle combining punishment matching crime and individual punishment, and points out its significance in realizing sentencing guidance and seeking sentencing methods.In the beginning of the third part, the author briefly summarizes and analyzes different sentencing methods proposed by academy, and also criticizes these methods. On this basis, the author proposes ways to realize the sentencing method. Firstly, because the final results for lifetime imprison or death penalty is not shown in any number, such sentencing should be qualified and quantified within a range. In other words, it should be resolved by logical analysis. Secondly, for limited time imprison detaining and regulation, a digital sentencing method should be used. Moreover, the author demonstrates different ways in great detail in using the digital sentencing method, which is the main part of this thesis. In the end, the author demonstrates the agreements and conflicts with the digital sentencing method, and the corresponding solutions to those conflicts. Therefore, the digital sentencing method can comprise needs of consistent sentencing and practice of free sentencing by judge to make an optimal balance.In the fourth part based on the brief introduction of the national and international designs of sentencing procedures and the reality of China's law, the author designs a relatively independent sentencing procedure. This procedure is composed of improving and making perfection the independent court investigation and debate procedures, establishing sentencing negotiation procedure, creating sentencing procedures for specific cases and constituting advisory and inspection procedures and case supervision systems.
Keywords/Search Tags:Solutions to sentencing error, Sentencing principle, Sentencing method, Sentencing procedure
PDF Full Text Request
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