Construction Of Relation Independent Sentencing Procedure In China

The discretion of punishment procedure reform question becomes immediately one of criminal justice reform hot spots. However the comprehensive survey current research, may discover, although from all walks of life does not have any dispute regarding the discretion of punishment procedure's importance, but how to construct in the discretion of punishment point of order actually to have the significant divergent - - academic circle multi-positions to determine guilt with the discretion of punishment procedure separates completely, but the practice department constrained by existing considerations and so on legislative stipulation, handling a case efficiency and lawsuit cost, cannot approve the hearing procedure which two will split up. In order to solve in the practice difference, the Supreme People's Court proposed that perfect and the perfect relatively independent discretion of punishment procedure, how this article on will construct our country relatively stand-alone program to carry on the elaboration. This article divides into the introduction, the main text and the conclusion, the main text divides into four chapters, about the full text 20,000 characters.The first chapter is the discretion of punishment procedure outline, separately carries on the limits to the discretion of punishment and the discretion of punishment procedure's concept, and summarizes the discretion of punishment procedure the characteristic. Based on this, with determined guilt the procedure to the discretion of punishment procedure to make the discrimination, with determined guilt the procedure for the discretion of punishment procedure to separate has provided the rationale.The second chapter is the discretion of punishment procedure pattern. This chapter first introduced the mainland legal system country discretion of punishment procedure as well as in the discretion of punishment procedure practice trend of development; Then introduced the UK-US legal system national independence discretion of punishment procedure; Finally has carried on the elaboration to between two big legal system country's discretion of punishment procedure's difference.The third chapter is our country discretion of punishment procedure present situation, the question and the reform. This chapter first from legislated and the judicial two stratification planes introduced our country discretion of punishment procedure lacked the relative independent present situation, next has promulgated our country discretion of punishment procedure existence question; Finally through the elaboration educational world regarding our country discretion of punishment procedure reform's theory, proposed constructs our country relatively independent discretion of punishment procedure the mentality.The fourth chapter is our country relatively independent discretion of punishment procedure construction. Through the design relatively independent discretion of punishment procedure's basic principle and the operating instruction, enable the relatively independent discretion of punishment procedure to have the feasibility and the maneuverability in reality.