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The Discussion Of The Relationship Between Sentencing Procedures And Conviction Procedures

Posted on:2011-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:W J YangFull Text:PDF
GTID:2166360305451041Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the development of our country's legal system construction of the judicial justice, people pay more and more attention problems sentencing justice. Therefore condemned procedures and sentencing program relations becomes an important problem about theoretical and practical. In this program, so far, there are two modes:one is established mode, the other is separated model. And China's criminal procedure is similar with sentencing conviction. This paper choose this topic aims to compare two program model for a investigation and discussion, and make a advice of sentencing reform.This paper, besides the introduction, the conclusion of the fifth chapter, and its main content as follows:The first chapter:continental law:integration mode. The second chapter Anglo-American law:separation pattern. The third chapter our conviction procedures and the current situation of the relationship between sentencing program. In the fourth chapter conviction procedures and sentencing program of investigation. The fifth chapter our conviction procedures and the transformation process, this chapter analyzes two program mode in two aspects of justice and efficiency. Then on the value of separation process are discussed. Finally, according to the current situation of our program and a useful exploration into the sentencing reform, and the separation of Anglo-American law system, the pattern that should be established to examine the separation process conviction, the design of the control center for sentencing evidence rules and the crime measurement pleading system, establish "the sentencing hearing system" is designed, and the relevant supporting system, and let the victim will participate in sentencing the accused and the defended program, the concept and mode of introducing sentencing, restriction on the judges discretion.
Keywords/Search Tags:Conviction, Sentencing, Separation, Program
PDF Full Text Request
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