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Reasoning Of Our Criminal Sentencing Verdict Research

Posted on:2011-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y DaiFull Text:PDF
GTID:2166360305981546Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Statistics show that between 2003 and-2007 years between courts throughout the country declared not-guilty verdict for less than 0.5%, therefore the core issue of China's criminal trial should be the issue of sentencing. But in China's current criminal proceedings, conviction and sentencing of serious imbalance - re-light sentencing convicted, conviction and sentencing proceedings in the criminal justice imbalance is reflected in the book, is the lack of sentencing reasoning. Judicial practice in recent years, there have been massive social repercussions major conclusions of the extremely controversial sentencing of criminal cases. The one common denominator in these cases is that the public is difficult to find in their judgments sentencing the judge finds that the circumstances of their how to make this decision and why the interpretation of the sentencing verdict was arbitrary conclusions difficult to make convincing audiences of all judgments, the judiciary's authority is being questioned and therefore . In this paper, the shortcomings of the reasoning of the sort out sentencing, to be a series of recent measures to promote sentencing reasoning and long-term long-term system of ideas with a view to improve the sentencing options reasoning to provide some ideas.This text is about 30000 words, text is divided into five parts, following a brief overview of what this five-part content.The first part of the reasoning outlined in sentencing, including sentencing the basic concepts of reasoning, sentence elements of reasoning, sentence should be up to the standards of reasoning. Sentencing the concept of reasoning broad and narrow sense, this paper is mainly directed against narrow conceptions of discussion started. Reasoning refers to a narrow sentencing discretion of the judge in order to prove the legitimacy of the main reasoning in sentencing the defendant's sentencing verdict on the issue, based on legal texts and principles, legal and reasonable for the views of both defense and prosecution sentencing, the factual findings and legal application of sentencing on issues such as the need to explain behavior. Sentencing reasoning includes four elements: the sentencing reasoning content, subject, paths and carriers, which is the author analyzes the problems and solve problems to start. Sentence that should be up to the legality, rationality and objectivity of the standard, which is perfect the system of macro-indicators sentencing reasoning. Part II presents the existing problems in sentencing reasoning. First, empirical data through a number of reasoning problems in sentencing a simple explanation, followed by a further detailed analysis of the current existence of our criminal judgments sentencing range of issues, summarized in terms of performance in the following areas: re-convicted of reasoning, light sentencing reasoning; Heavy principal penalty actually tortured reasoning, light additional punishment, probation reasoning; heavy legal reasoning plot, light plot discretionary reasoning; re-count of reasons for selection, light Legal Sentence range reasons for selection; emphasize the facts listed in light of evidence analysis; re-prosecution views of reasoning, the views of Light defense assessment; re-formatted reasoning, light personalized demonstration.Part III analyzes the reasons for sentencing reasoning problems. Centrism of the trial conviction model of judicial power and administrative operation mode, the relevant vocational education and judgments lack of structure, "eight-legged essay" type of reasoning led to difficulty in sentencing deep-rooted institutional factors. China's traditional culture in the proceedings and the administration of justice of the concept of individual rights, lack of reasoning led to a lack of the concept of sentencing supported by historical and cultural factors. In addition, the judges in the judicial practice, excessive workload, the judge's own educational level also contributed to the reality of sentencing reasons for the lack of convincing reasons.The fourth section emphasizes the importance of reasoning of the sentencing. The role of sentencing reasoning is mainly reflected in the following areas: to ensure precision and implement the principles of crime compatible; are conducive to open sentencing to enhance the credibility of referees; to facilitate both parties to seek relief and the second-instance court review; facilitate judicial interpretation of uniform laws to promote the cases of judicial interpretation technology.Fifth section presents the system of building a sentencing reasoning approach. Articles by the current reasoning on sentencing reform and the environment in inspection, analysis of sentencing reasoning system for the establishment of a favorable external environment, judicial reform, but also analyzes the criminal system in our country will be forever unfavorable factors dialectically progressive reforms put forward model, that two-step strategy. Short-term response is mainly directed against the recent verdict in their own technical improvements, including optimizing the judgment structure, rich content, deepen the analysis and demonstration, open sentencing reasons. From the long-term perspective, to establish and improve relevant systems, including the optimization of a relatively independent of the sentencing process, sentencing evidence to build a system, improve the guidance system and the trial operation of sentencing to the executive of these four aspects.
Keywords/Search Tags:Sentencing, Ratio Decidendi, Reasoning
PDF Full Text Request
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