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Sentencing Of Precision Guidance

Posted on:2016-12-13Degree:MasterType:Thesis
Country:ChinaCandidate:K S LiuFull Text:PDF
GTID:2296330470967027Subject:Law
Abstract/Summary:PDF Full Text Request
The phenomenon of estimate value of a whole lot has long been existing in criminal trial in our country. The judge makes sentences through his own experience without quantitative index. Therefore, many similar cases are sentenced differently.Sentencing imbalance and sentencing rigidity are widespread. In recent ten years,Supreme People’s Court implements sentencing standardization through extensive research and pilot. Some scholars propose sentencing of precision guidance. They think that the discretion of the judge should be restricted from the aspects of entity and procedure, and the standardization and accurate of the sentencing should be realized. This dissertation can be divided into five parts; the first part introduces the meaning of sentencing standardization and sentencing of precision guidance, with the current situation of the reforming of sentencing standardization in our country.Although sentencing standardization is a new thing in our country, it has been implemented in foreign countries for many years and has good effects. The second part introduces the experience of sentencing standardization in foreign countries,mainly about the experience in the U.S.A., Japan, and Germany, after that, some referential experience is introduced. The third part introduces the content of sentencing standardization in our country according to two documents issued by the Supreme People’s Court and other departments. The contents are about the entity and procedure part of sentencing standardization. The fourth part points some shortcomings of sentencing standardization; they are introduced from entity and procedure aspects. In the fifth part, some advices are provided to improve sentencing standardization in our country, including creating criminal judicial precedent system,enhancing the quality of criminal judge, expand the participation of parties to in the procedure.
Keywords/Search Tags:sentencing standardization, sentencing of precision guidance, the discretion of the judge, criminal judicial precedent system
PDF Full Text Request
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