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Research On Judicial Practice In The Standardization Reform Of Sentencing

Posted on:2020-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:X QiFull Text:PDF
GTID:2416330623452936Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In recent years,the standardized reform of sentencing in China from top to bottom has become the focus.This multi-year reform has achieved remarkable results in judicial practice.The reform process of many years has proved that the road to standardized punishment reform has become wider and wider.However,the standardization reform of sentencing has not reached the level of perfection,and the road to reform still has a long way to go.The Supreme People's Court is also paying attention to the common problems exposed by the practice of sentencing in various provinces,and constantly corrects and guides them.This paper studies the judicial practice problems exposed in the standardization reform of sentencing,and uses diversified research methods to explain relevant problems in depth and propose solutions,and follow the research ideas of asking questions-analysing problems-solving problems.The full text is divided into five main parts.The first part is the introduction,which mainly introduces the research background and significance,and explains the research ideas and research methods.This part focuses on the research status of domestic sentencing standardization reform.Through the study of the status quo,we have a deep understanding of the different understandings of relevant issues in the theoretical and judicial practice departments,and clarify the key issues.The second part is the basic theoretical explanation of the standardization of sentencing.Firstly,the concept and characteristics of sentencing standardization are determined;then the background of China's sentencing standardization is analyzed;finally,the significance and purpose of sentencing standardization reform are deeply interpreted,and the direction of reform is clarified.The third part introduces the sentencing standard model of the extra-territorial rule of law in detail through comparative research methods,and introduces in-depth thinking through introduction,and strives to provide reference and reference for the standardized reform of sentencing in China.The fourth part sorts out and analyzes the problems exposed by the standardization of sentencing in China in the years of practice.This paper selects four questions to analyze,including the macro level and the micro level,and explains them from many aspects such as entities and procedures.The fifth part provides perfect suggestions for the problems existing in the current judicial practice of sentencing.Among them,further perfecting the system of sentencing regulation is the foundation;it is the core to thoroughly implement the Sentencing Guidance Opinion;strengthening the criminal judgment is an important measure;while the balance sentencing norms and the judge's discretion are the important goals of the standardized reform of sentencing.
Keywords/Search Tags:Sentencing specification, sentencing procedure, sentencing theory, crime balance, discretion
PDF Full Text Request
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