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The Study Of Criminal Court Sentencing System

Posted on:2012-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:L L HuFull Text:PDF
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Criminal sentencing system is an important system of china's criminal proceedings, and court sentencing issues among which become an important part in sentencing system. With the improvement of the judicial system, China's courts at all levels are pursuing a high standard of court sentencing rate, which has achieved a certain increase. However, many drawbacks behind these improvements have undermined the fairness of our criminal justice to a great extent, so that the pronouncement of judgment could not achieve its value. In order to realize the real value of criminal court sentencing system, it is necessary for us to learn from successful experiences in other countries, and make more complete innovations based on the actual situation in our country. By analyzing the theory and value of criminal court sentencing system, and combining the practice in different states and the current situation in China, this paper aims to find a solution to the plight of this system.Firstly, a theoretical analysis of criminal court sentencing system's relevant concepts has been carried out. After summarizing this system's meaning, value, significance and its theoretical basis, the author compares the similarities and differences and the advantages and disadvantages between two different ways of criminal sentencing to reveal the importance of the court sentencing.Secondly, starting with a brief analysis of the criminal court sentencing system's development process, an intensive study about the implementation of foreign countries'more comprehensive criminal court sentencing system is conducted. By comparing the criminal court sentencing system at all times and in all lands, the advantages of this system are illustrated in terms of causes, background, etc.Thirdly, the author analyzes present situation and the causes of our criminal court sentencing system. After exploring the reason of a series of problems existing in our current system's judicial practice and finding out the deletion of correlative system , this paper aims to propose targeted measures.At last, according to the reasons derived from the above sections, relevant suggestions to perfect our criminal court sentencing system are pointed out. A reform involving the legislation, the trial doctrine mode, the judiciary committee system, the conviction and sentencing separation system and so on is recommended. With its implementation, the existing difficulties in our criminal court sentencing system can be improved.
Keywords/Search Tags:Criminal court sentencing, Concentrated trial, Direct and oral trial, Timely litigation, Unified judgment
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