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A Tentative Study On The Perfection Of Standardization Of Sentencing In China

Posted on:2012-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:C F YangFull Text:PDF
GTID:2216330371950732Subject:Law
Abstract/Summary:PDF Full Text Request
Conviction and sentencing are two core issues in criminal procedure. For quite a long period, the sentencing procedure has been affiliated to conviction in China. It is a highly deep-rooted concept that attaches more importance to conviction rather than sentencing. The main feature of sentencing activities in criminal procedure is the vast discretion exereised by the judges according to statutes. The inequity of sentencing and the differences among different decisions when courts adjudicate the similar cases have caused great impact to sentencing fairness and justice. The 17th Congress of CCP required that "we should insist on the rule by law as a fundamental principle, accept the idea of rule of law with the characteristic of socialism, implement all of the governmental tasks according to the law all over the country, and protect all citizens' legal rights and interests". It is also a prerequisite for establishing a socialist society ruled by law to make correct conviction and proper sentencing in all of the criminal judicial activities. Therefore, it is of the same importance to study sentencing procedure, sentencing and conviction. Now it is an urgent challenge for us to unify the idea and standard of sentencing by judges and fulfill the justice and balances in sentencing.In 2010, the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security and Ministry of Justice issued "Opinions on Number of Issues about Standardization of Sentencing Procedures (Trial)", the Supreme People's Court issued the "Guiding Opinions on Court Sentencing" and started trail in all the courts in China. Both of these two judicial interpretation documents started the reform of sentencing system in China which had been brewed for years. At last the Supreme People's Court enlarges the reform to the national-wide courts based on the experiences of some trial courts.However, the issuing and implementation of these two Opinions are just "trial reform", they do not mean the final reform of China's sentencing system. After all, these judicial interpretations have not been raised to national statutes, and the effect of their enforcement remains to be tested in practice. In addition, some new trial regulations for sentencing procedure in reform still face some problems which need to be solved. For example, most of the regulations about sentencing procedure and content are general, but not detailed. In the following, this theis intends to study the situations of reforming practices on the sentencing standardization in courts, the emerging problems, solutions and suggestions. And the study will be based on those two guiding opinions mentioned above and the practices by the Intermediate Court of Qingzhou City.Chapter 1 introduces some fundamental theories for sentencing procedure and sentencing standardization system. The definitions and features for sentencing and sentencing standardization will be firstly illustrated, and then the author will generally analyze the functions and values for sentencing standardization.Chapter 2 investigates the status, current problems and reasons for them. Meanwhile this part will compare the sentencing procedures in some other countries in the world and introduce the sentencing reform happened in our country. Furthermore, it will make some relevant analysis, illustration and evaluation on some important regulations in our sentencing reform.Chapter 3 points out the problems and recomends some measures to improve the practices based on the practices of sentencing reform by the Qingzhou Intermediate Court. Meanwhile the author would rethink the corresponding theories and the four important sentencing regimes.Chapter 4 is the main part of the thesis. This part will mainly probe into the establishment of the sentencing regime of standardization. Meanwhile the author would make suggestions on the publication of sentencing reasons, the regime of recommendation, the investigating and report regime, etc., based on two Opinions mentioned above.
Keywords/Search Tags:Sentencing Standardization, Sentencing Recommendation, Investigating Report of Sentencing
PDF Full Text Request
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