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The Research Of The Perfection Of Sentencing System In Criminal

Posted on:2018-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:F F DuFull Text:PDF
GTID:2346330521450193Subject:legal
Abstract/Summary:PDF Full Text Request
On October 10,2016,The Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security and the Ministry of Justice jointly issued The Opinions on Promoting the Reform of the Criminal Trial System Focused on the Trial,which clearly stipulates that the judgment in court pronouncement system should be perfected to ensure that the results of the referees are formed in court.As the last part of the criminal trial,sentence in court requires the judge to determine the outcome of the trial in court with the participation of the litigant,which is of great significance to improve the judicial effect and promote the justice of the judiciary.Under the background of judicial reform centered on the trial in our country,the effective use of the system can change the situation of the formalization of the trial system,promote the implementation of substantive trial,make the prosecutor get the most fair trial,and make the trial the last barrier to safeguard the rights of the defendant and maintain fairness and justice.However,due to the defects of the court system itself and the constraints of various factors,the usage of it in the judicial practice is not positive,the phenomenon of low usage and one-sided pursuit of the judgment in court is endless.Facing these problems,we should analyze its current situation with a positive attitude and a rigorous way of thinking,study the internal causes and external factors combine the operating conditions in the judicial practice,and put forward scientific and reasonable improvement advice,so that it can give full play to their own value.This thesis is divided into the following sections:The first part discusses the value and significance of the sentence in court in the contemporary era,that is conducive to the realization of justice.The system reflects the autonomy and procedural timeliness of the trial in contemporary litigation,and can realize the judicial publicity.In the case of the entity,the system is also conducive to the results of justice.It is also conducive to protect the rights of the defendant,which is the inevitable choice of the contemporary judicial reform.The second part analyze the current situation of the system in China through a certain data analysis.There are some problems such as the low application rate,limited usage of the charges,and concentrated sentencing distribution.The third part focuses on the reasons that cause the current situation in our country in court,including the deficiency of legal norms,judicial mechanism of the center creed of case file,the weakly defense functions of the defendant in criminal proceedings,and the lack of the independence and the ability to master the trial of the judge.Under the combined effect of the above reasons,the criminal court system of our country can not be well implemented.The fourth part of the thesis put forward some advice: improve the relevant legal norms,give full play to the preparation of pre-court function,achieve substantive trial,implement the trial judge responsibility system,and strengthen the professional ethics of the judge.
Keywords/Search Tags:court sentence, the criminal trial system focused on the trial, procedural justice, substantive trial, Criminal trial
PDF Full Text Request
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