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Research On The Independence Of Sentencing Procedure

Posted on:2017-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2206330485962817Subject:Law
Abstract/Summary:PDF Full Text Request
Sentence is of great significance in the process of criminal prosecution in the circles of theories and practices. To some extent, sentence is the final step along the way of judicial equality and justice. Supreme people’s court aims to improve “independence sentence procedure” which came out in 2005. Up to now, sentence procedure reform has yielded fruitful results concerning the aspect of ensuring sentence justice. Nonetheless, there are still some problems related with sentence procedure issue which need to be further research theoretically. The author tend to fully analyze tough problems hidden in sentence procedure as well as reasons through different methods, namely, value analysis method, comparison analysis method, experience proof method as well as criminalization and sentence procedure integration. Guided by establishing simplified sentence procedure and independent sentence procedure, oriented by judicial justice and efficiency, the author aims to research several aspects, including public prosecution organ, the accused person, the defendant’s rights of action; adjudication organ’s response to appeal through its unique discretion; judicial sentence procedure and evidence rule system to ensure criminal litigious right and sentence final authority. Hence, it is proved to be an improved and systematic sentence procedure. Besides, the paper contains four chapters, abstract excluded.The second chapter is a general description of the independence of sentence procedure where the concept, features, functions are explained through methods of hermeneutic.The third chapter is foreign mode of sentence procedure. Through the perspective of England and America, analysis are made in terms of the features, merits and drawbacks of sentence procedure’s detaching mode. As for civil law system’s sentence procedure integration mode, in the cases of Germany and Japan, comparison and analysis are made to summarize its features, merits and demerits. Last, disparities, such as, trial subjects, sentence procedure, evidence rule between the two modes are analyzed.The fourth chapter is the current situation, reform and problems of sentence procedure through two aspects, legislature and jurisdiction. Overall, sentence procedure in China is similar to civil law system’s integration mode, which is still within the range of condemnation proceeding. And during criminal proceedings, it proceeds with conviction procedure simultaneously. In spite of the fact that our sentence procedure went through both “top-down” and “top-down” explorations, there are still some inevitable problems there.The fifth chapter discusses the establishment of independent sentence procedure with Chinese characteristics. Firstly, we must be clear about fundamental rules suitable for sentence procedure; secondly, it should be divided into two parts: simplified sentence procedure and fully independent sentence procedure according to different cases with independent sentence procedures; furthermore, participation rights of the aggrieved person should be guaranteed; lastly, to ensure sentence procedure reform proceed smoothly, we have to protect sentence defense rights, improve procuratorial organs’ system of sentencing suggestion, strengthen adjudication organ’s sentence reasoning system.
Keywords/Search Tags:sentence procedure, sentence suggestions, sentence defense, sentence reasoning, independency
PDF Full Text Request
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