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Analyze 《the Higher People's Court Sentencing Guidelines In Jiangsu Province》

Posted on:2011-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2166360305481375Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
To achieve the goal, punishment sentencing protecting social justice and safeguard human rights, and embodies judicial justice and plays an important role, especially the principle of balance principle by the criminal law has become almost a principle of today, its importance is particularly important.Realize the justice and balance in sentencing also is our country criminal law of righteousness. However, the reality of judicial practice, sentencing unfair and imbalance has occurred frequently. How to regulate sentencing, which provides a scientific method, form the sentencing a scientific and effective mechanism is in all the sentencing legal workers and the theory of a problem before researchers. Jiangsu jiangyan city people's court opening in 2003, Then, the people's court in jiangsu province, jiangsu province taizhou, the higher people's court also successively formulated the sentencing guidelines rules. But its role in practice is remarkable, of course, there is also insufficient. The local court issued by sentencing guidelines is reasonable, the norms of behavior is reasonable and feasible text content is worth our discussion the question, also should respond. In this paper the higher people's courts in jiangsu province for sentencing guidelines rules, for example, tries to analyze the reasons and its contents, and the deficiency of.This article is divided into six parts, The first part of this paper introduces the reasons and rules of articles from three aspects: the analysis of the rules, the first is to realize the basic sentencing justice purpose, Secondly is due to a series of recent cases of forced by circumstances in China, which expose in the judicial practice in sentencing the defects, the finally reason is lack in our country at present is the effective way to other sentencing guidelines.The second part of the content and introduce of position and function. The in the content by six parts, total 33. For its position and function, the author will sentencing guidelines regulating positioning for reasonable standard at the discretion of the judge, and the judge be thinking guidelines, at the same time provide a reasoning mechanism.In the third part of this article, discuss the sentence benchmark .penalty prescribed in are analyzed, the benchmark sentencing than domestic and analysis on the doctrine and the benchmark sentencing of are put forward on the basis of their views. Sentencing benchmark refers to a sin, concrete, the comprehensive consideration of the behavior of the subjective and the objective and harmfulness actor malignant circumstances factors of circumstances, through empirical methods shall be sentenced to punishment.The fourth part, discussing issues for sentencing sentencing elements, the classification and extracted element analysis, and emphatically discussed sentencing elements discretion, in the author's opinion that the discretionary sentencing elements should attach importance to, in the process of sentencing is not available, but must apply. Reason is that not only is discretion sentencing elements exist objectively, and is the objective facts and subjectivity, social harmfulness and personal risk of unity, at the same time, it is the key to realizing proper sentencing.The fifth part, discusses the mechanism of balance in the , Altogether divides into three parts: at first is discuss the collegial panel, judicial commission of duty requirement. Think a complete shall be prescribed judges can "departure the principle " So in standardize the judges' discretion also not too stiff to judge a verdict of reason, and the path to display their thinking; The second is the rule of law and the provisions of criminal trial supervision procedure of his authority is analyzed; Finally, the paper discusses the need to continue to improve sentencing procedure problem, in the author's opinion, provisions sentencing procedure can change the current conviction to achieve unity model, and the reasonable limit sentencing justice at the discretion of the judge in the procedure.The sixth part, the author to improve local sentencing guidelines rules made some of their thinking. The sentencing guidelines should be perfect rules for the purpose of philosophical sentencing, solving mechanism of real need. Sentencing Also should be formed with guidance, rules of sentencing sentencing guidelines of data, and finally to the benign interaction to public acceptance theory and cross-examination.Through the analysis and hopes to improve current can be sentencing guidelines, which can help rules to conclude and method, then can help you find a way out of the scientific method provides sentencing.
Keywords/Search Tags:Sentencing equilibrium, Sentencing benchmark, Sentencing elements, Sentencing balance mechanism
PDF Full Text Request
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