Font Size: a A A

Study On The Application Of The Circumstances Of Sentencing

Posted on:2009-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:J Y WuFull Text:PDF
GTID:2166360245986955Subject:Law
Abstract/Summary:PDF Full Text Request
Sentencing balance is one of the important symbols of judicial justice. But the phenomena of inconsistent sentencing has greatly affected the realization of sentencing balance. Based on the elaboration of the concept, characteristics, functions and classification of the circumstances of sentencing, and according to the convention of judicial practice, the paper studies several problems relavant to the circumstances of sentencing through examples of relavant cases and by reference to some academic points of view, thus aiming to solve the problem of unbalanced sentencing in judicial practice.The paper mainly discusses the relavant problems of the application of the statutory circumstances of sentencing and the discretionary circumstances of sentencing, analyzes the causes of the problems and puts forwards some legislative and systemic suggestions.The first part of the paper is a brief introduction to the circumstances ofsentencing, laying foudation for further discussion. For convenience of analysis, sentencing circumstence is classified into the statutory circumstances of sentencing and the discretionary circumstances of sentencing, each being analyzed and discussed. The second part of the paper investigates the chaotic phenomena in applying the statutory circumstances of sentencing. Based on the relevant cases and through examples of inconsistent verdicts in judicial practice, the paper tries to find out the underlying causes and propose establishing the guiding system of sentencing and eliminating May type of circumstances of sentencing in legislation. The third part of the paper studies the same problems in the discretionary circumstances of sentencing. Based on some relavant cases, the part mainly analyzes and discusses the definition of the performing forms of the the discretionary circumstances of sentencing and the influence of the judge's right of free verdicts on the discretionary circumstances of sentencing, and proposes the legislation of the discretionary circumstances of sentencing.
Keywords/Search Tags:circumstances of sentencing, sentencing balance, application, suggestion
PDF Full Text Request
Related items