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The Research On Proved Sentencing Facts

Posted on:2011-06-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LeiFull Text:PDF
GTID:2216330338472063Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Measurement of penalty is one of the most important period in using the laws correctly. And sentencing correctly was based on the judge's fully understanding to the importance of the measurement and the facts of the measurement. This aticle first had a research to the definition of sentencing facts, and had the opinion that the facts of the measurement is different from the facts of conviction, it was mainly refered to all the facts and elements which don't have the crime significance but have closely relationship with the crime facts, these facts and elements influenced the criminal responsibility of the defendant by reflects the harmful the crime had to the society and the risk it had to the defendant's life. Based on the definition, and had the sentencing facts as the core concepts, the article just expand a systematic research on the provement of sentencing facts in four aspects:Standard of proof, burden of proof, methods of proof and proven rules. The opinion in the article was that on bearing the burden of proof, the defendant just have to response to some responsibilities which are proved to be light offence facts and the burden of proof after the Light offence facts was proved to be reasonable, understandable and had met the Standard of proof. The other facts should be assumed by the prosecutzion. On the standard of proof, the fact of a serious crime, a minor crime or determined serious crime should be proved reasonable enough and reached the level we have no reason to suspect. But the determined minor crime can only prove the prier proof. On the rules of proof, The exclusionary rule,Hearsay Evidence Rule,Character evidence rule,Best Evidence Rule were all break out on the process of prove the sentencing facts.
Keywords/Search Tags:sentencing facts, Standard of proof, methods of proof, proven rules
PDF Full Text Request
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