Font Size: a A A

The Research On The Standard Of Sentencing Facts Proving

Posted on:2014-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z H XuFull Text:PDF
GTID:2246330395495985Subject:Procedural law
Abstract/Summary:PDF Full Text Request
As an important part of the Supreme Court’s reform on sentence standardization, sentence procedure becomes more and more important. Sentencing fairness and rationality has attracted many attentions of the theory and judicial practice. Standards of sentencing facts proving, which plays an important role in prove, is the degree of prove that the sentencing fact can be adopted by court. According to the present law of China, the testimony standard of conviction fact and sentencing fact is uniform. Conviction program set a very high standard of prove has its inherent considerations, which meet the particularity of conviction facts. After the determination of the basic offenses, the single conviction standard of proof is difficult to fully applicable to the sentencing process. It is under such thinking that the particularity of the standards of sentencing facts proving is put forward. Besides the introduction part and conclusion part of the problems, this article is divided into five partsThe first part is an overview on the standard of sentencing facts prove. Based on the elaboration of the standard of proof, the article analysis the concept of the standard of sentencing facts proving, which is different from sentencing process.The research on the standard of sentencing facts proving, which is different from the burden of proof and the object of the proof, have a significant theoretical and practical significance.In part two, the western standard system of the sentencing facts prove is introduced. This is a relationship among the standard of sentencing facts prove and conviction process and sentencing process. Civil law countries, whose sentencing procedures attached to the conviction procedures, adopt the standard that both the testimony and conviction use. Common law countries, based on the different sentencing facts, adopt a different standard of proof. On the analysis of the standard of proof in each country and its inherent basis, the understanding of the different standards of proof is discussed. The third part is focus on the standard of sentencing facts proving in china. The testimony standard of conviction fact and sentencing fact is uniform in our country. In response to this situation, scholars have proposed many different points of view. Though initially proposed the special standard of sentencing proof fact, the ongoing reform of the sentencing process is still not perfect.Reconstruction of the standard of Sentencing facts proving is put forward in the fourth part. Based on the theoretical analysis of level standard of proof and the analysis of sentencing facts, the paper claims a level sentencing proved standard system that different sentencing facts, which are divided into legal circumstances of sentencing and discretionary circumstances of sentencing, are suitable to different proof standard.In last part, It is pointed out that the characteristic of sentencing procedure under level standard of sentencing facts proving. It is only in a relative separated sentencing process, along with a scientific prove process, more flexible capacity rules of sentencing evidence, a fully rational sentencing reasoning system and effective sentencing case guidance system that the proving rules of sentencing facts can have its real effect.
Keywords/Search Tags:Sentencing process, Sentencing fact, The standard of proof, Thereasonable doubt testimony standard, Preponderance evidence testimony standard
PDF Full Text Request
Related items