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Sentencing Reform Research Program

Posted on:2013-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:J D ZhangFull Text:PDF
GTID:2246330374959551Subject:Law
Abstract/Summary:PDF Full Text Request
Determining a crime and imposing sentence are two important steps in criminal procedure. Imbalance and low credibility of sentencing are two fundmental problems in Chinese judicial practice. In this field, so far, there are two modes:one is established modes in Continental legal system; the other is separated mode in Anglo-American legal system., and china’s criminal procedure is similar with Continental legal system. This paper choses this topic and aims to compare two sentencing modes for a investigation and discussion. Finally, the author makes a advice of sentencing reform, and some reforming suggestions in sentencing procedure in our country are given. Therefor, th reform of sentencing procedure to some extent reflect the Chinese characteristics and direction of the criminal procedure reform.This thesis is composed of four chapter besides an introduction and conclusion, and it’s main content as follow:In the first chapter, the author give a brief account about sentencing and sentencing procedure and clear the significance of sentencing procedure. In the second chapter, the sentencing mode in two legal systems are compared. The author choses British and USA to introduce the independent sentencing procedure; the author choses Germany、 France and Japan to introduce the integration sentencing procedure. In the end of this section, the author are summarized the characteristics of two sentencing modes and make a comparative analysis. In the third chapter, the author introduce several sentencing modes produced in judicial practice and give us the analysis of advantages and disadvantages of each mode. In the fourth chapter, the author elaborate the theoretical basis of the separated sentencing procedure. According to our sentencing current situation and some useful exploration and learning from the experience of Anglo-American legal system,the author think that we should establish the separated sentencing procedure and improve the relevant system, for examper, prosecutor should have rights to provide his viewpoint about sentencing; the special sentencing evidence rules should be established; pre-sentencing report should be made before imposing sentencing; the victims should efficiently participate in sentencing procedure.
Keywords/Search Tags:sentencing, sentencing procedure, separated sentencing, procedure
PDF Full Text Request
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