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Research On The Discretionary Sentencing

Posted on:2015-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:S Y SuFull Text:PDF
GTID:2296330431986461Subject:Law
Abstract/Summary:PDF Full Text Request
Sentencing is divided into statutory sentencing and discretionary sentencing, bothfactors are in the process of sentencing judge should consider. Discretionary sentencingas an important part of sentencing, has a very important value in the sentencing process.At present China’s criminal law for discretionary sentencing does not expressly providetheoretical study of our country is not mature enough such that there are many problemsin judicial practice, it is necessary to be reflection and correction.This article is divided into the preamble, body and conclusion of three parts, in whichthe body is divided into four parts. The first part details the discretionary sentencingconcepts, classification and role, drawing on the basis of previous research, the authorpresents his own humble opinion. The second part focuses on discretionary sentencingstatus and existing problems. China’s criminal law scholars discretionary sentencing forresearch focused on what should be discretionary sentencing ought level, ignoring thefact research and study natural level. In this paper, reflect on the past, based on theresearch results from the sentencing discretion of the Real starting level of discretionarysentencing theoretical and practical value of the sort. The third part introduces theprovisions relating to foreign discretionary sentencing, and Implications for Chinaproposed to improve the relevant laws. Part IV discretionary sentencing issues andimprove, the author first analyzes and describes some of the theoretical and practicalproblems currently seen, and solve these problems, propose measures to improvesentencing discretion from the legislative level and judicial level, respectively, to thetheoretical development of our country have a certain discretionary sentencingcontribution.Through study and research, trying discretion from a brief overview of the concept andfeatures of sentencing, discusses the value of discretionary sentencing, analyzes theapplication of discretionary sentencing, analyzes of discretionary sentencing issuesraised a perfect discretionary sentencing measures, but I hope this research can have onour discretionary sentencing positive role in promoting the episode. I limit the level oftheory and logic thinking and discussion by the question inevitably there are significantlimitations of paper, there are some shortcomings to be further improved in the future.
Keywords/Search Tags:Discretionary Sentencing, Discretion, Statutory
PDF Full Text Request
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