Research On System Of Pre-sentence Investigations Under The Sentencing Standardization

Pre-Sentence Investigations as a kind of sentencing method enables the court to makeright decisions before the final punishment. At the same time, it helps the court obtaininformation comprehensively and accurately. In this way, defendants can return the society assoon as possible and realize re-socialization. PSI originates from the United States. It has ahistory of over160years in the west. At present, it has been developing rapidly all around theworld. But it has a lot of problems in our country’s judicial practice. The article analyzes thefoundation of PSI, summarizes foreign judicial practice and limitations of domestic judicialpractice. At last, the author puts forward suggestions to establish and complete Pre-SentenceInvestigations.The main part of the article is divided to four parts. Its contents as follows:The first part describes the system of Pre-sentence Investigation. This part ascribes theconception and origin firstly. Then it analyzes the legitimacy foundation and it’s CriminalJurisprudence.The second part describes the foreign judicial practice of the Pre-sentencingInvestigation system. In this part, the author mainly selects some countries and regions whichhave significance in Pre-sentencing Investigation. Then the article mainly selects the UnitedStates, the United Kingdom, New Zealand, and Hong Kong. As well, the article selects France,Italy, Japan, Korea and Taiwan which also have typical meaning. These countries and regionshave a strong reference to the perfection of the system of Pre-sentencing Investigation in ourcountry.The third part describes the domestic judicial practice of Pre-sentencing Investigationsystem. In this part, the author representatively selects Pingjiang, Changning, Shanghai, Hefei,Anhui Province, Qingdao, Shandong Province, Sichuan, Huzhou, Mentougou, Fengtai toanalyze judicial practice feature. On this basis, it summarizes problems that exist in ourcountry. It includes the subject survey content that not uniform, narrow scope of application,non-standard name, un-desired effects.The fourth part describes some suggestions for improvement of the system of thePre-sentencing Investigation. The fourth part is divided into six parts, including the legalproperty, the name, the mainly body, the scope, the relevant laws, which focus on thePre-sentencing Investigation and the determined of the content.