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A Study On The Improverement Of Sentencing Procedures

Posted on:2016-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:S C LiuFull Text:PDF
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Conviction and sentencing is two cores content of criminal proceedings. While convicted of professional is very strong, and sentencing is more intuitive. Therefore, people are more likely to feel for sentencing injustice. Obviously, compared with the conviction of justice, sentencing justice more important. Justice of sentencing is the highest value in the sentencing activities. Sentencing reform in our country is along the path of the bottom-up manner——"local practice-the central drive-pilot (expansion)- summary of perfect- the national pilot". In 2010, the supreme people’s court promulgated the sentencing process that formally put forward the "relatively independent sentencing procedure". In 2012, the new criminal procedural law, although further strengthened the independence of the sentencing issues, but did not put forward on establishing the rules of the sentencing process. In sentencing issues in our country, compared with reform of sentencing procedures, sentencing substantive reform is gradually mature. Core idea of this paper is to put forward suggestions of perfecting our country’s sentencing procedures, and to construct our country’s sentencing procedures to provide feasible path for sentencing justice. The establishment of sentencing procedures is designed to make the sentencing process public, and make the parties involved in the sentencing process to influence the result of the sentencing. This paper discusses different paths of the justice of sentencing combined with the experience of other countries. In sentencing procedures, the fundamental problem of the study is that this three primary power/right in the sentencing jurisprudence, exercise and the three relationships which is the core of building sentencing procedures needed to clarify. This article also introduces the experience of other countries in the sentencing process, and discusses the defects of the current relatively independent sentencing procedure in China. This article put forward that the relatively independent sentencing procedure does not change the shortcomings of unity of conviction and sentencing. The article also analyzed the feasibility of establishing independent sentencing procedure in China, and finally put forward to building the concrete scheme of sentencing procedures in our country.
Keywords/Search Tags:sentencing, sentencing justice, sentencing procedures, modal selection of sentencing process
PDF Full Text Request
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