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On The Improvement Of Procedure Measurement Of Penalty

Posted on:2018-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2336330515492309Subject:legal
Abstract/Summary:PDF Full Text Request
In the criminal procedure,conviction and sentencing is the center of the whole litigious activities.The conviction is to solve the qualitative problem of criminal behavior.Sentencing is to solve the penalty problem.But under the impact of traditional thinking of "stressing conviction,neglecting punishment," our country does not attach importance to sentencing procedures until the "Xu Ting case" aroused people's reflection.After that,our country began to explore in the judicial practice and at the same time strength the legislation on the sentencing procedures,thus establishing a relatively separate sentencing procedure.This method of the sentencing procedure is learned from Anglo-American law system and continental law system and based on China's pilot experience.But sentencing procedures in China has just developed,the direction of the forward is still groping,resistance in practice is heavy.Therefor improvement of our sentencing procedures is imperative.Through the literature and comparative law,this article discusses the improvement of sentencing procedures mainly from the following four parts.The first part briefly introduces the concept and content of the sentencing procedure.For the concept of sentencing procedure,we have not yet had a unified and official definition at present.Then the paper analyzes the significance of our research on sentencing procedures,and affirmed the significance of establishment of relatively independent sentencing procedure.The second part analyzes the current situation of sentencing procedure in our country,including both the status quo of legislation and the present situation of judicial practice.It focuses on the existence of sentencing procedure in our country's practice.The paper shows the disadvantages of our sentencing procedure,in order to provide a direction for its improvement.The third part is a comparative study of the different sentencing modes of the two legal systems.This paper analyzes the similarities and differences between the two legal systems,taking the United States and the United Kingdom on behalf of the Anglo-American law system and Germany and Japan on behalf of the continental law system.Then the paper summarizes the enlightenment for the improvement of the sentencing procedure in our country.The fourth part is the concrete idea of perfecting sentencing procedure in our country.There are six fields in which effective methods can be offered.They are the strengthening of the victims' participation in sentencing process,improving the sentencing proposal system,the establishment of sentencing information collection system,the establishment of independent sentencing evidence rules;setting up sentencing guidance and strengthening sentencing reasoning.
Keywords/Search Tags:sentencing procedures, conviction, judicial justice, sentencing mode, sentencing facts
PDF Full Text Request
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