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My Opinion About Sentencing Standardization Reform

Posted on:2015-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:X H ChangFull Text:PDF
GTID:2296330467461054Subject:Law
Abstract/Summary:PDF Full Text Request
Since the21st century, the quality of our national life and the level of information has gradually increased year by year. People’s concept of the rule of law has also grown. At the same time, the phenomenon of "one case, different verdict" has often been reported. For ordinary people, fair sentencing even has more important than the conviction of the case. It makes the case defendants and their relatives, victim dissatisfaction if there is an imbalance among sentencing in specific cases, which in turn causes the phenomenon such as appeal bound to visit and even makes the social public to doubt the judicial justice and the rule of law construction of our country. How to solve this problem in order to achieve the not only correct conviction but also fair sentencing? This requires our country to set up a more scientific, effective and highly practical sentencing system. This sentencing standardization reform has formed, but a series of unscientific and not nonstandard practice is what we criminal justice workers are to seek solution.In addition to the introduction and conclusion, the paper divided into four chapters to discuss above problems.Chapter I is overview of sentencing standardization reform. This chapter starts with concept of Sentencing and sentencing standardization and background, necessity and development process of sentencing standardization reform to elaborate the main contents of sentencing standardization reform and also to analyze the relationship between sentencing standardization reform and discretion.Chapter II is the practice of sentencing standardization reform. The author uses Jinan railway court sentencing standardization pilot as an example to summarize the results and to point out the deficiencies of the pilot.Chapter III is the problems existing in the sentencing standardization reform. This chapter starts with ideological awareness, existing legislation, common sentencing, charges and the other aspects to point out the deficiencies of the reform in the judicial practice.Chapter IV is the improvement proposal of sentencing standardization reform. For the above shortage, we make specific recommendations for improving the sentencing standardization reform to be beneficial to the criminal trial practice from learning from foreign advanced sentencing experience, setting up the correct philosophy, establishing case guidance system and improving the work coordination mechanism between Procuratorate and Court.
Keywords/Search Tags:sentencing, sentencing standardization, reform, discretion
PDF Full Text Request
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