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Research On The Standardization Reform Of Sentencing Procedure

Posted on:2017-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:M C CuiFull Text:PDF
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The Supreme People’s Court issued "of common crime sentencing guidance" has in the past two years, entity sentencing standardization reform more deeply. Therefore, for sentencing standardization reform is imperative, the introduction of official documents will more and more close to. Although early in five years ago, the Supreme People’s Court issued the on sentencing procedure standardization issues of "the trial version, the relatively independent sentencing procedure, also the specified trial court reform, the trial court investigation and debate in the conviction and sentencing is divided into two parts, new sentencing procedure pilot made some achievements, and in 2012 the new criminal procedure law amended to further clarify the independence of trial in the sentencing procedure. With the reform of the sentencing entities continue to improve and mature, related legislation has also been introduced, but has yet to establish a relatively independent sentencing procedures were corresponding laws and regulations. Thus, on standardization of sentencing procedure reform were is imperative. Therefore, this paper aims to firstly define the sentencing procedure definition of sentencing procedure when the parties involved in the analysis of the role, to establish a relatively independent sentencing procedure to provide theoretical support, and then analyzes the status quo of China’s current sentencing procedure, with particular emphasis , on introduce and explore the.establishment of relatively, independent sentencing procedures arid independent sentencing procedure the reform process of the two pilot courts, and in Anglo American law and civil law in Germany, by comparing China and find out the existing problems in the reform of sentencing standardization, elaborated two different sentencing patterns, and the reasons for these differences are analyzed, summed up the United States and Germany experience in the application of sentencing in the program, and for our reference in the process of building a relatively independent sentencing procedure in the reform. According to the pilot and practice summary, in the final part of the paper clarify how to establish suitable for China’s relatively independent sentencing procedure, different modes of program specification, and strengthen the supporting system, so as to improve the reform of sentencing procedure, sentencing justice realization to explore a broad road.
Keywords/Search Tags:sentencing procedure, sentencing procedure standardization, reform, mode choice, relatively independent sentencing procedure
PDF Full Text Request
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