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The Preliminary Analysis Of Sentencing Standardization In Trial Procedure

Posted on:2011-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:H Y DaiFull Text:PDF
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Sentencing refers to convict criminals on the basis of law. How to standardize and reform sentencing is a tough issue facing judicial organs around the world.China's criminal law studies have been more focused on the crime, instead of research on criminal penalty theory. Even in the studies of penalty, most of them are theoretical research on penalty, rather than criminal sentencing.Due to traditional convention of "felony but not equal to sentencing", our legislative circle still lacks deep knowledge about this issue, which directly leads to many problems in this field. In China's current judicial practice, the typical approach is to incorporates the conviction and sentencing into the "court procedure" without defining. However, this "court procedure" is carried out closely around the conviction which makes sentencing become an indispensable accessory. In order to solve this issue, the write decides to begin with incorporating sentencing standardization into the court procedure., and in virtue of analyzing specific case about the crime of intentional injury (It is one of the five kinds of criminal charges which are declared firstly in the reform of sentencing standardization.) with aim to present my personal opinions and ideas about how to achieve the sentencing standardization in the court procedure.This paper is divided into five parts:The first part introduces two cases about intentional injuries, which are Adam Jones case in Massachusetts, American and the case of Guo Qixin intentional injuries which was judged by Lanzhou City Intermediate People's Court recently in Gansu Province.The second part focuses on how to define sentencing and the content of sentencing standardization with aim to introducing sentencing standardization and outlining significance of reform in this issue.The third part studies sentencing standardization from a comparative vision. By reviewing the sentencing hearing procedures in the Jones case, we conclude some features of the independent sentencing hearing procedures in American.The fourth part is the key part of this thesis. This section is mainly focused on how to incorporate standardization into the trial at the initial stage and establish relevant system in this regard.The fifth Part mainly discusses what kind of supporting system should be introduced in the process of sentencing standardization:namely guidelines on formulation of sentencing system and the social survey system. These systems are in the initial exploratory stage which in turn requires constant follow-up research and summarizations.
Keywords/Search Tags:Sentencing standardization, pre-trial procedure, court proceeding, System Construction
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