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Research Of Standardization Of Theft Sentencing

Posted on:2012-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:W J ChangFull Text:PDF
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Practice as a criminal offense of theft is more common and a class of crime-prone, because the complexity of the rising acts, resulting in the sentencing for the theft is no longer limited to the original standard. Especially the "Criminal Law Amendment (h)" in the theft-related changes in the content, the existing "sentencing guidance" on sentencing provisions have significant defects. In this paper, along with several burglaries in the two cases rely on the defendant's sentencing, under the enactment of the "sentencing guidance," the relevant provisions of existing laws and regulations and explain the flaws in practical operation. At the same time based on "sentencing guidance" for the theft of specific sentencing provisions, and with reference to the individual provinces, "the implementation details of sentencing" in existing theory and practice based on research results, combined with the case of sentencing Reflections and inspiration, try based on the inherent attributes of theft and criminal sentencing process more of its characteristics of scientific theory and practice of improving standards. This paper is divided into three parts:The first part of the main cases cited briefly. Sentencing process through the analysis of the case, summarized the focus of the case and the controversy caused by the problem of limited description. This case the defendant's sentencing for two issues mainly reflected as follows: starting point to determine the actual and penalties from the criminal standard criteria established by different kinds; benchmark sentence of regulation and adjustment of the standard cure the lack of base-level sentence adjustment scale sex; to be declared criminal lack of application of the sentencing order and sentencing of any of the applicable scale.The second part of the problem have been put forward for detailed analysis. This part of the current legal framework, based on the sentencing of theft of the steps one by one analysis. The author believes that the existing legal norms for the sentencing provisions of the amount as a starting point of an absolute standard, which affect the baseline sentence in the regulation of standards, and finally the next best thing to the other sentencing provisions and practice have clearly contrary to legislative intent. So I take up much space in this part of the starting point for the theft and the benchmark sentence of selected theories and principles in the regulation of the shortcomings and defects described the practice, and to be declared criminal plot selected for the proportion of the order, and debugging analysis of problems one by one, trying to existing theories in the context of the existing clear and practical issues for further specification.The third part of the main theoretical aspects of the theft from the standardization of sentencing recommendations. By the author of Analysis of the case re-sentencing, sentencing of specific steps to clearly theft. And proposed penalty for theft from a starting point to determine the baseline until the last sentence of the regulation be declared the establishment of criminal issues that exist in all aspects of insight and targeted improvement program. I believe that existing laws against the theft should be clear starting point for a standard, unified starting point of sentence types, and the regulation of the benchmark sentence with the starting point of the standards, and adjust the scale so structured, the last to be declared in The establishment of criminal choice in the circumstances to achieve scientific and choose a global scale to grasp in order to ultimately achieve the standardization of sentencing...
Keywords/Search Tags:Theft, Sentencing, Standardized
PDF Full Text Request
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