Font Size: a A A

The Rights Protection Of The Defendant In The Measurement Of Penalty

Posted on:2021-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z B ZhangFull Text:PDF
GTID:2416330623481891Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Scholars such as Chen Xingliang,Zhang Wenxian,Xie Hui have always advocated the proposition of departmental jurisprudence.Jurisprudence stands for abstraction,it should communicate with specific and practical departmental laws.On the one hand,the intellectual resources accumulated in jurisprudence research can be used for practical legislative work and judicial practice.On the other hand,it is also possible to turn the research results of judicial practice of departmental law into the driving force and nourishment of the continuous development of jurisprudence.Jurisprudence of criminal law can also be divided into four sections according to the classification of jurisprudence: ontology of criminal law,epistemology of criminal law,methodology of criminal law,and theory of value of criminal law,because criminal law is an early and rapid development of departmental law,therefore,the criminal law ontology,criminal law methodology,and criminal epistemology have been perfected in the existing criminal law research results.The core content of the criminal law value structure theory,which represents the most important part of the criminal law value theory is: the social protection function and human rights protection function of the criminal law must be unified,and there is almost no academic dispute.However,whether the value structure of criminal law has been realized in judicial practice remains to be discussed.The most valuable part of departmental jurisprudence is the communication of legal theory and judicial practice.Determining whether the value structure of criminal law has been realized in judicial practice is the most critical issue in the jurisprudence of criminal law departments.To conduct empirical research on judicial practice,we must ensure that all subjective judgments of researchers are eliminated,and research conclusions must be unique,firm,and retestable,otherwise,the realization of the word "empirical" cannot be guaranteed.In order to achieve the above goals,this study adopts a quantitative study,and the research sample is a judgement drawn in accordance with the principle of random sampling.Due to space limitations,only one crime sentence can be selected as the research object.In order to ensure that theresults of the study reflect the most stable status of the judge in judicial practice,this study selects the most common crime in judicial practice: the theft.The impartiality of judicial decisions depends on the correct exercise of judges 'discretion.Under the premise of respecting judges' discretion,the application of sentencing circumstances is the best research object.Through a quantitative study of the theft judgments in three regions across the country over a period of ten years,this study finds that judges' decisions on theft are not based on human rights protection or social protection standards,but are based on the pressure of the judicial authorities.It refers that to realize the value of criminal law,the judicial system reform of China still has a long way to go.
Keywords/Search Tags:The Value Structure of Criminal Law, Sentencing plots, Human rights protection, Multiple Linear Regression, Logistic regression
PDF Full Text Request
Related items