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A Research About The Standardized Influence Of The Public Opinion On Sentencing

Posted on:2013-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
GTID:2256330395488250Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Public opinion in sentencing perspective is a kind of basic consensus of social members,which is formed under the guidance of punishment justice,common sense, sense and custom,on the basis of all kinds of judgment and evaluation of sentencing issues in specific criminalcases. Reality shows that public opinion is with no direct and specific legal basis, but has asignificant impact on sentencing. If the "influence" is positive, it is the performance andrequirement of the punishment justice. However, if it is negative, the punishment justice willbe damaged and make many social problems. So it is an important subject for us to draw onthe advantages while avoiding disadvantages. In this paper, public opinion standardization’simpact on sentencing is preliminary discussed, and this paper is divided into five partsoutside the introduction.The first part, an overview of the public opinion from the perspective of sentencing. Thispart, mainly from point of the concept, characteristics, function and realization of publicopinion, does a simple introduction of the basic content of public opinion. Overview of publicopinion on the basis of academic public research to come to this paper’s point of view, publicopinion is defined as: Members of society within a certain range for a particular character orevent, make a value judgment based on standards or rules in specific fields and expression ofthe ideological consensus. So as the base, out of the whole text of the subject, that is, theimpact of public opinion on sentencing needs to be standardized.The second part, the necessity of public opinion influence sentencing standardizedly.Mainly, to make the reason that the public opinion influencing sentencing needs standardizedoperation more clear, from the practical point of view, this part analysis the phenomenon thatthe public opinion affecting sentencing is interfered by the non-judicial power,which makessentencing judicial independence and authority challenged, so it must be standardized. Basedon theoretical point of view, respectively, from the perspective of sentencing discretion,sentencing credibility, the basic principles of criminal law, criminal policy, and modernsentencing, individual instructions that public opinion must be standardized to affect the sentencing are made.The third part, the feasibility of public opinion influence sentencing standardizedly.Mainly, this part make it clear that the achievement of public opinion standardized influencingsentencing will not affect the independence of the judicial trial, and the accommodation ofindependence of the judiciary for public opinion. Starting from the existing legislativeprovisions and judicial practice, to seek foundation support for public opinion. The activelypursuing sentencing standardization reform in China provides a positive mode for publicopinion standardization. From the successful practice abroad that public opinion should bestandardized to impact sentencing, this part finds strong support for the development ofChinese public opinions in sentencing.The fourth part, the standardized path of public opinion’s impact on sentencing. Mainly,make standardized criteria for public opinion to influence sentencing standardizedly. On thebasis of standardized criteria, it builds the standardized form of specific operation. Accordingto typical cases this part specifically investigates the effectiveness and feasibility of thestandard form of standardized.The fifth part, improve to realize the goal that public opinion will be standardized toinfluence sentencing. Mainly, it makes a simple analysis the problems that it’s difficult forpublic opinion to impact sentencing strictly according to the rule in our current legislative andjudicial, mainly on the people of the jury system dissection. For the problems in the people’sjury system, the author puts forward his own suggestions for improvement, and on this basisoffer some advice to further improve the system of sentencing investigation, and sentencinghearing.
Keywords/Search Tags:Public Opinion, Sentencing, Standardized Influence, StandardizedPath
PDF Full Text Request
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