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An Empirical Study Of T Court Sentencing Standardization Work

Posted on:2014-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:N WuFull Text:PDF
GTID:2266330425978152Subject:Law
Abstract/Summary:PDF Full Text Request
China’s criminal law suffers from a wide range of penalties given at judges’discretion. The problem of the criminal judges having too much discretion has been questioned by the public. Sentencing disparity and Different codefendant of the same case makes the court unable to account for its actions in the public sphere. Sentencing is an important issue related to the judicial justice and civil rights, and it is also the common concern of the two legal systems. No matter the common law countries or the civil law countries, they both explore and reform by means of legislation and judicial measures. Currently, China is experiencing a social transformation, and judicial reform is being influenced by the Supreme People’s Court to standardize sentencing in order to limit the discretion of judges across the country. This article deals with the standardization of sentencing and addressing the practical problems that local judges face in determining individual sentences, finally gives opinions from four perspectives.This paper is divided into four chapters. The first chapter starting from the background, writing ideas and methods described in this article, the article further pointed out innovation and shortcomings. The second chapter selected T sentencing court to use standardized methods trial of three typical cases, indicating that nearly three T Court criminal cases, and to provide an objective analysis by summarizing the empirical basis for the next discussion. The third chapter of guidance, courts, prosecutors, participants in the proceedings of the four angles Comment problems of sentencing reform. The fourth chapter is the countermeasures and suggestions for the third chapter of the problems presented perfect proposal.
Keywords/Search Tags:standardized sentencing, typical cases, guidance
PDF Full Text Request
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