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Standardization Of Sentencing From The Perspective Of Criminal Modesty

Posted on:2012-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:B H LiFull Text:PDF
GTID:2216330338965071Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the constant improvement of the rule of law and development, people's legal consciousness has greatly improved, the requirements of justice have become more sophisticated and urgent, not only requires a just conviction, but also require a just sentence,require not only substantive justice, procedural justice is also more required.Unfortunately, effected by the long-standing concepts, which is "the conviction, light sentencing," "heavy solid, light process" concepts,we do not pay much enough attention to the uniqueness, complexity, and importance of conviction.In judicial practice, the investigation and debates on sentencing are difficult to arouse sufficient interest to the parties.The good news is that the standardization of sentencing has garadully attracted attention since 2000.The Supreme Court recognize the standardization of sentencing as an important element of criminal justice reform.The area of reserch held a number of academics which are about the content of the standardization of sentencing sentencing reform.How to implement the standardization of sentencing and reduce the imbalance and misconduct in sentencing and is the current theory and judicial practice which should be solved. This article will talk about the standardization of sentencing from perspective of modesty."Setting the Monarch of the Road, Mok Kwong Yu Sheng law; winning method works, MO eager to rape, to rape the country, deep in the penalty Mo Yan" in ancient Chinese society, "no rape had ended, Morrow severe penalty," the re-sentence doctrine "long" and modern society had a profound impactfrom it. The spirit of crimianl modesty comes abroad.The concept and definity of the ciminal modesty was proposed in1980s. Today, the spirit of Criminal modesty in theory is gradually being accepted by judicial practice.but we should also see the concept of Criminal Law is far from popular, both in criminal law field or in the judicial practice of criminal law seems to exist Qiansuppression concept "abstract certain specific negative" signs, and in the details, considering the criminal law, the people involved in specific legal practice is unwittingly revealling the re-criminal ideology, they always use the pretext of public anger, put the spirit of the Criminal modesty out the window.With the current social conditions, legal environment, legal ideology and culture conditions, it was very difficult to achieve the spirit of Criminal modesty through the legislative means.But introducing the Criminal modesty to the judicial practice is the best way to achieve the spirit of Criminal modesty.Therefore, this article will introduce the spirit of Criminal modesty to the reform of the Sentencing standardization. This article will systematiclly comb the connotation of Criminal modesty and try to explore the Criminal modesty which is used in the concrete application.This will be the brick which is willing to jade.Criminal Law is not only the spirit of the basic spirit of criminal justice.It should be the basic idea of criminal justice.the standardization of sentencing is a guarantee to achieve normalization of justice and social justice and useful to be faithful to law. Implementing the Criminal modesty in the sentencing process, through the decriminalization and light punishment, is conducive to achieving a just sentence.While the light punishment is non-functional light punishment, not always light punishment, but under the principles of criminal culpability,we should try our best to minimize the responsibility of the criminals and the costs of penalties, in order to realize the the purpose of criminal law.The Introductory section focuses on an overview of the background of sentencing reform, standardization.Apart from the introduction and epilogue, this article is divided into three parts.The first part,the meaning and essence of the spirit of Criminal modesty.Analyze the concept,meaning and essence of the spirit of Criminal modesty.The second part, summary of the Sentencing standardization reform. Outline the concepts, principles, background, process, and Problems and reasons of the Sentencing standardization.The third part, guided by the spirit of the Criminal modesty, improve the our sentencing system.of the proposed system We should improve the specific measures of standardization of sentencing reform from the sentencing philosophy, Sentencing, Sentencing, sentencing and other aspects.
Keywords/Search Tags:the spirit of criminal modesty, sentencing standardization, depenalization, light punishment, discretion
PDF Full Text Request
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