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The Causes And Reforming Propositions Of Compromise Sentencing By Chinese Courts Especially In Death Penalty Cases

Posted on:2017-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
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The death penalty is the most severe penalty in human history.The openness,fairness and justice of the trial of death penalty cases are related to the property,fame,freedom and life of every citizen,the value of justice as well as stability of the social order.At this stage,at the background of promoting the rule of law comprehensively,frequent exposure of considerable death injustice has weakened the fragile public credibility of the judiciary greatly in recent years.A long-term latent within the Chinese court judicial logic--" Compromise Sentencing " has gone into the public view gradually.In short,Compromise Sentencing in the death penalty case,is a kind of alien judgment that in death penalty cases courts and judges violate their own duties,succumbing to outside pressure,ignoring the objective facts of the case and the provisions of the criminal law,trying to do mean processing between the barriers of the strict rules of law and the reality and the conflict of the rights of private citizens and the state public power.It is inevitable that judges and courts go into a dilemma,so that they will face the risk of criminal miscarriage of justice.Although our country limits the application of death penalty strictly,the judges canít judge the death penalty cases in the form of Compromise Sentencing,which is unsystematic between the moral aspect and the legal aspect.Therefore,the bottom line which we must adhere is that we should take the fact as the basis,take the law as the criterion,implement the criminal law and the criminal procedure law strictly,adhere to the fair trial according to law,put an end to " Compromise Sentencing ",improve the acquittal rate,play the role of criminal trial,reduce the incidence of miscarriages of justice.All these must be adhered for judicial staffs.Based on the national conditions of China,the author seizes that the death penalty cases prone to the crux of the Compromise Sentencing,and combines with the typical death penalty cases of Compromise Sentencing,which forms a relatively comprehensive understanding and definition of it from the reasonable and juridical logic.According to its current situation,the author explores the factors of formation and the change of the judgment and makes responses.The first part is about definition of Compromise Sentencing in death penalty case.The way to find out the status and alienation of Compromise Sentencing of death penalty cases is according to the careful combing of the classic case,a comprehensive assessment,senior speech,judicial interpretations and jurisprudence viewpoint.The second part focuses on the internal causes and external factors of the Compromise Sentencing in death penalty cases under the current judicial system.The third part is to research the reform direction of the Compromise Sentencing in death penalty cases,which is in such a deformity way.Although we eradicate it is not easily,we should try to reform and put forward practical and feasible measures on the basis of it.
Keywords/Search Tags:Death Penalty, Compromise Sentencing, In Dubio Pro Reo, Judicial Reform
PDF Full Text Request
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