| Traditional system of sentencing on sentencing method is dependent on the performance of the existing files and trial experiences of the judge,as called "comprehensive estimate method";on the performance of the sentencing process,it performs writing-examine and internal administrative examining as its character, as called "office job decision-making process".From a geneal point of view,sentencing is the core issue of criminal trial in our country.This makes the restrictions and standardizations on sentencing discretion becoming an important issue of the reform of our judicial system.Take the two "sentencing opinions" promulgated and implemented as symbols,sentencing standardization reform work throughout nationwide.This reform includes two aspects of sentencing procedure and sentencing method.On sentencing procedure,it makes sentencing activities as a part of the trial process;on sentencing method,it establishes a "step by step sentencing method"with a strong "quantitative"color,striving to "enhance the sentencing openness and achieve balance".This thesis attempts to take "amount"as the breakthrough point,discusses the significance of the amount in the "sentencing standardization",combining with cases.It focuses on "step by step sentencing method",how dose amount affect the step by step sentencing method,and other issues.In the part of "step by step sentencing method",this paper attempts to analyze the legal text of "sentencing opinion",and introduces the sentencing method of "form sentencing starting point to baseline punishment,to proclaimed punishment"in details.In the part of the "amount",it takes "crime constitute" and other basic theories as the base,combining with cases,this paper discusses the essence of amount,the distinguishment of amount,the determination of amount,and other special relevant issues, describes the amount problems involved in the cases, comparing with Heilong Jiang province’s "implementation rules of sentencing opinion"and other legal documents... |
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