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Standardization Of Sentencing

Posted on:2014-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
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To realize the standardization of the sentencing is to maintain and safeguard ofcriminal justice. Around to the center of the reform of sentencing standardizationtheory and practice, product to in recent years, has achieved fruitful results. Yetwhether in theory or in practice, how to effective implementation of thestandardization of sentencing, still needs further to discuss. Because the sentencingstandardization is a systematic and complicated project, its intrinsic value and thenhard to achieve the goal of a touch, the improvement of the theory and practice ofdevelopment have extremely has the necessity and urgency of reality.Therefore, this article from the sentencing standardization of the development oftheory and practice two aspects. First of all, in theory, the concept of sentencingstandardization and connotation of the comprehensive carding, then from the presentmultifarious theory clear out the key to realize sentencing standardization, the judgesentencing discretion reasonable regulations. Followed by the theory and practiceregulation system of sentencing discretion of judges and measures to explore thefeasibility analysis, to clear its manager, depending on the short, and its feasibility isverified in theory and in practice. Finally, on the basis of the discussion above,summarize, perfect and reasonable regulation judge sentencing discretion of the pathsand measures, and in order to effectively realize the standardization of the sentencing.Specifically, in this article is divided into three chapters in this paper. The firstchapter is an overview of sentencing standardization and related problem analysis ofthe definition. Starting from the perspective of the integrity of the concept ofsentencing, standardization and sentencing standardization are discussed, thus morecomprehensive, scientific definition of the concept of sentencing standardization.Secondly analyzes the connotation of the sentencing standardization, in order to makeclear its inherent value goal. Finally is filtered all internal factors analysis ofsentencing standardization, in order to make clear regulation judge sentencingdiscretion in sentencing standardization to realize the core status.The second chapter is about sentencing standardization of sentencing discretionof the judge path to explore the feasibility analysis of reasonable regulations. Thischapter from the perspective of entity, procedure and judge its three, to judgesentencing discretion to regulate the overall path design. Specific, sentencingsentencing guidelines, sentencing proposal defense and the judge judge sentencing reasoning and so on four kind of system were summarized, in their respective rules,judges the value of the sentencing discretion function feasibility analysis on the theoryand practice, and on this basis, pointed out the respective in standardize judgesentencing discretion of the insufficiency of the theory and practice.The third chapter is to reasonably regulate the judge sentencing discretion of thespecific path design. By the second chapter, on the basis of feasibility analysis, tofrom the perspective of entity, procedure and judge its three three-dimensional pathdesign for standardizing the judge sentencing discretion to confirm and argument.And sentencing guidelines, sentencing Suggestions, such as sentencing trial andsentencing reasons things out the written judgment of the judge system in theory andpractice to improve the disadvantages of, in order to comprehensive and reasonableregulation sentencing discretion of the judge, and the breakthrough to realize thestandardization of the sentencing on.
Keywords/Search Tags:the sentencing standardization, the judge sentencing discretion, sentencing guidelines, sentencing Suggestions, sentencing trial, thejudge sentencing reasons things out the written judgment
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