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Sentencing Standardization Problem Research

Posted on:2013-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y T LiuFull Text:PDF
GTID:2246330374970468Subject:Law
Abstract/Summary:PDF Full Text Request
In the criminal trial practice, the influence of various factors, sentencing imbalance and the consequent sentencing injustice is a common phenomenon in our country and the world. Sentencing justice is the ultimate embodiment of the criminal justice, and only reflected in the criminal justice sentencing a fair and rational criminal justice is the real meaning. In the practice of criminal justice inChina, there has long been a misconception that as long as an accurate conviction, sentencing does not matter. This situation reflects one aspect of criminal law theory, a more in-depth study of crime on the penalty on relatively slightly weak, even if it is a penalty on, and most of penal theory, penalty for the study was relatively small. Resulting in sentencing imbalance in the judicial practice in a variety of reasons, mainly rough and simple provisions of the criminal law, legal punishment magnitude is too large; the discretion of the judge the lack of regulation; for sentencing mechanism is not perfect and other reasons. Statutory punishment from a scientific and standardized magnitude, the guidance of sentencing criminal sentencing jurisprudence system, improve the professional quality of judges, with the science and technology to improve the standardization of sentencing, strengthening sentencing shall be said that rational, and several other aspects are discussed, and thus build a scientific and rational sentencing standardization system, in order to achieve social fairness and justice, to maintain the people’s Court’s judicial authority and credibility.
Keywords/Search Tags:Justice, penalty, sentencing norms, discretion, judicialcredibility
PDF Full Text Request
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