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On The Improvement Of The Sentencing Rule

Posted on:2015-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LeiFull Text:PDF
GTID:2296330470979722Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As a legal tool, Sentencing rule need to comply with instrumental reason, then the objective of the rule must be studied first. The formulation of sentencing rule is a form of power, it’s also a result of gaming by many beneficiaries, so analysis of interests can reflect a very real objective of the rule. But the objective of the sentencing rule ought to be the sentencing equality, the rule ought to do the same thing to the people who have the same actions. The current sentencing rule have three steps for sentencing, they are the determination of the sentencing starting point, the determination of the sentencing basis and the determination of sentencing circumstance. These steps have relatively clear connotations and can be conductive to forbid double evaluation, but the rule still have some defects. The sentencing starting point replaced the sentencing basis to be the beginning of the sentencing steps in the current sentencing rule, but the sentencing starting point must to be a point but not a spectrum according to the logic of the rule, and need to be determined by empirical analysis. The determination of sentencing basis and declaration of penalty should use addition and subtraction but multiplication. The other facts of criminal form and the sentencing circumstances can be assigned by the quantity of punishment. The assignment need to be considered comprehensively, including the logic of the law, the theories of sociology and economics, traditional criminal law theories cannot dispose all problems itself.The main content of this paper is how to improve the sentencing rule and make it more scientific and logical. Construction of current sentencing rule is not the theme of this paper. Sentencing rule can affect judges directly and have influence to the criminals as much as criminal law. This paper is just a primary study of sentencing rule, there are still many questions need be discussed in depth.
Keywords/Search Tags:the objective of sentencing rule, sentencing starting point, sentencing basis, sentencing circumstance
PDF Full Text Request
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