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Research On The Standardization Of Sentencing

Posted on:2020-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2436330590457938Subject:legal
Abstract/Summary:PDF Full Text Request
The ultimate goal pursued by sentencing is to achieve fair and reasonable results.The standard sentencing should be based on the basic principles of sentencing,the guidance of the scientific sentencing rules,the correct application of the sentencing,the follow-up of the sentencing procedure,and the discretionary process.In the actual sentencing process,because the sentencing procedure is not independent,the discretionary criminal circumstances are not clear,and the judges are often interfered by irrelevant factors at the discretion,resulting in frequent irregularities in sentencing.Through the principle of proportionality,it provides methodological guidance for judges' sentencing and establishes independent sentencing procedures,including sentencing recommendations,sentencing investigations,sentencing defense systems,etc.,which can fully take into account the relevant information to ensure sentencing,and generalize the meaning of discretionary punishment.It is stipulated and legalized to reduce the arbitrariness of the application of the discretionary criminal sentiment inthe real world.In addition,the jurisprudence of judges' judgment documents is strengthened to achieve the sentencing standard.
Keywords/Search Tags:Balance of crimes, sentencing rules, sentencing justice
PDF Full Text Request
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