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On The Perfection Of Judicial Sentences In Judicial Practice

Posted on:2014-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:L L GuoFull Text:PDF
GTID:2176330434470356Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,the phenomena of inconsistent sentencing has greatly affected the realization of the practice of justice. Sentencing balance is one of the important symbols of judicial justice. Discretionary sentencing is not only the essence in sentencing balance system but also the difficult point of reform of the sentencing balance. That’s why the research of discretionary sentencing in practice is very significant.This paper has4chapters and11sectors except introduction and conclusion,including24,000words. In the first chapter, there are five sectors,including what is discretionary sentencing,its basic characteristics, functions, the applicable principles and the scope of the discretionary sentencing being discussed. The second chapter analyzes legislative and judicial status from the two aspects,the domain and extraterritorial. The main problems of the legislation and judicature of the discretionary sentencing are generalized and deeply analyzed in the chapter3. The last chapter stresses the need to create a sound legal environment in order to ensure normal application of discretionary sentencing. The author make some feasible methods to deal with the administration of justice, such as explicitly defining discretionary sentencing legislation, generalizing some discretionary sentencing to statutory sentencing,deepening the reform of the sentencing entity and sentencing process, increasing the reason whether applying discretionary sentencing or not in the verdict and introducing the case of guidance.
Keywords/Search Tags:Discretionary Circumstances of Sentencing, Application Reform ofthe sentencing balance, Standardization
PDF Full Text Request
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