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Issues And Approach About Standardized Discretion Of Punishment In China

Posted on:2015-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:J DongFull Text:PDF
GTID:2296330422482949Subject:Law
Abstract/Summary:PDF Full Text Request
Sentencing reform has been implemented for many years so far., which has made someachievements also has some problems. Sentencing reform of China both has macro and microlevel issues, one for overall standardized sentencing, one for the texts of sentencingstandardization. Macro level issues: theoretical basis of standardized sentencing is missing,sentencing standardized way is single, the effect of standardized sentencing measure isunreasonably; micro level issues: the sentencing process is imperfect, plus commutation unitsand an increase is not uniform, there is a flaw base penalty provisions, applicable sentencingrequirement is unreasonable.This paper argues that sentencing reform is a complicated project, so the relevanttheoretical basis of guidance is necessary. Therefore, improve its theoretical basis is aprerequisite issue, to point out the meaning of the principles of sentencing and sentencing,according to the guiding ideology. Change the single way of standardized sentencing, addinggreater flexibility way: the case guiding, can play a complementary role. The standardizationof outcome measures can not just concerned about the social effects of the level, but alsoconcerned about the level of legal effect. Completed sentencing process is legal punishment,sentencing punishment, declaring punishment, execution punishment, not legal punishment todeclare punishment; additional commutation units unified in months as a unit, as a percentagemargin requirements; benchmark sentence requirements to be a clear distinction betweencriminal sentencing on the same basis, the facts of the crime stipulated facts constituting thecrime replaced; applicable sentencing special statutory and discretionary plot is divided intotwo areas, to separate regulations, and clearly applicable order.This paper attempt to scan “Standardized Discretion of Punishment” from system,ensemble point of view, pursue a reasonable way of “Standardized Discretion ofPunishment”, use literature analysis, comparative analysis, logical analysis and evidenceanalysis method to research.
Keywords/Search Tags:Sentencing, Standardized sentencing, Sentencing balance, Case guiding
PDF Full Text Request
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