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Research On Sentencing Of The Underworld Criminal Cases

Posted on:2013-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhouFull Text:PDF
GTID:2246330395488303Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
2009, Chongqing City, the "evil forces" special action has caused great concern at homeand abroad. With the gradual deepening of the operation, a large number of triad-relatedaccess to the court stage. Correctly identified to distinguish the impact of triad-relatedsentencing by various subjective and objective factual circumstances, and so reasonablesentencing do not live up vertical, so that responsibility and punishment to adapt is animportant guarantee to ensure that the crackdown in accordance with the law. The same crimeby the judicial practice of individual black case, the phenomenon of different penalty topromote standardization of sentencing under the new situation has caused great concern.Clarify the specific Sentencing of triad-related cases, analysis of legislative issues and justiceissues, and the corresponding legislative measures, judicial measures has importantimplications on future handling of similar cases. This article consists of the followingcomponents:The first part of the Sentencing Overview. This part introduces the basic theory ofSentencing. First analyze and compare the different understanding of the academic world onthe concept of Sentencing Sentencing for a more scientific definition, different from thecircumstances of the crime on the connotation and extension of the plot of conviction for thefollowing specific comments in triad-related cases dealt with judicial confuse the punishmentfits the crime, the circumstances of the crime, the plot of a conviction phenomenon exists inpractice to provide a theoretical basis. Secondly, the characteristics, scope and classificationof the Sentencing sort out, clear to sentencing plot of the common, for the following ontriad-related cases. Sentencing personality lay a theoretical foundation.Second part of the case involving the Mafia, the punishment fits the crime investigated.This part through a typical case studies, Chongqing series of gang trials specific inspectionMafia case sentencing plot. Sentencing in accordance with the traditional classificationmethod, the Mafia case concrete is divided into: statutory sentencing plot, discretionarysentencing and other factors that may affect the sentencing discourse. First, in accordancewith the subject of crime, crime does not complete the form, the status of common crime afterthe crime, the performance of the four aspects of the triad-related cases of statutorySentencing part discusses. Second, discretionary sentencing in accordance with the general,the particularity of the two dimensions of triad-related cases were discussed. Perpetrators, thevictims discussed general; discussed by analyzing the Mafia own characteristics to their particularity. Finally, for other factors that may affect the sentencing of gang trials wereanalyzed to determine its ability to become a Mafia case of discretionary sentencing.The third part of the triad-related cases of application of the Sentencing. The second part dealswith the punishment fits the crime of gang trials have clearly defined on this basis, thissection specifically applicable Sentencing of triad-related cases discusses, respectively, from aplot of the applicable methods and multi-plot method of application of two aspects. In theapplication of the Mafia organized crime cases a plot, the specific inspection shall be given aheavier, lighter punishment, mitigating circumstances, waive the application of thepunishment; in the application of the plot of the Mafia organized crime cases, the specificinspection more than the same to plot the coexistence of the application and the application ofthe coexistence of multiple reverse plot.Alpha the fourth part of the case involving the Mafia the Sentencing perfect. On thespecific application of the punishment fits the crime of the third part of the gang trialsinvestigated the basis of further analysis of a typical triad-related cases in Chongqing, toidentify the specific problems of gang trials Sentencing in the legislature and the judiciary,and the corresponding legislative and judicial countermeasures.
Keywords/Search Tags:mafia organized crime, discretionary sentencing, statutory sentencing, legislative perfection, judicial improve
PDF Full Text Request
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