Font Size: a A A

A Study On The Perfection Of Sentencing Procedure In China

Posted on:2013-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2176330422957814Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Sentencing procedures in determining the crime as charged, then what penaltiesapplicable thereto proceedings, reflecting the dual procedural and substantive justicein accordance with certain procedures. Range program and the relationship betweenconviction procedures are inseparable, that the conviction is the premise of the range,start range program is to be conducted after the defendant was guilty, it can guaranteethe rights of the defendant given due protection and exercise of The main bodyinvolved in the sentencing process is not just the courts in the traditional sense, butextended to the prosecutor and the defense, by the three parties in accordance withcertain procedural requirements to determine the magnitude of the defendant theapplicable penalties. Range program is not just to make penalties for the defendantand, more importantly, reflects a respect for and protection of the rights of the accusedcriminal proceedings, the exercise should have the right to make the correct and full.The sentencing process as an aspect of the reform of the Criminal Procedure Law, andits importance goes without saying that China’s rule of law in the process of building anegligible. The conviction and sentencing are two important aspects of the criminaltrial, conviction and sentencing patterns have two modes of civil law and commonlaw, civil law is a conviction and sentence are mixed together in the trial, be resolvedmode. The separation of the common law system is the conviction and sentencingpatterns. China is now in the middle of the two, relatively independent of the mode ofconviction and sentencing, conviction investigation and sentencing investigation inforensic investigations section is divided into divided into two parts namelyconviction debates and sentencing debate in the court debate. With the progress ofsentencing reform in China, the sentencing process issues also attracted publicattention. This paper aims to find out from the comparison of two legal systems of thelitigation model can learn from China’s national conditions, the system suited toChina’s Criminal Procedure designed to promote the continuous improvement of theadvance of China’s Criminal Procedure Reform and Criminal Justice. The text of thispaper is divided into four chapters, as follows: The first chapter is an overview of the conviction and sentencing procedures. Expounds the concept of the conviction andsentencing procedures and sentencing procedures, the need for reform. The secondchapter introduces the sentencing process in China in the legislative and judicial statusquo, by relevant laws and regulations, introduction and practice of operatingconditions, about the problems and analysis of what causes. The third chapterdescribes the characteristics of the conviction and sentencing procedures of thecommon law separation mode, through a comparative analysis of research methods toexamine the litigation model of virtue as the representative of the Two, and theirrespective characteristics, and provides details on China’s applicability andnon-applicability of the analysis. Return to China for the fourth chapter, the ideas andprinciples of the reform of the sentencing process, and then put forward a specificvision of building a sentencing process, with specific recommendations for operatingprocedures, such as in summary proceedings of the sentencing process in the firstinstance the idea of the system.
Keywords/Search Tags:Criminal, sentencing, sentencing procedures
PDF Full Text Request
Related items