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On the Status and Reform Path of the Sentencing Process

Author: WangKunXue
Tutor: JiaGuoFa
School: Northeast Normal University
Course: Criminal Law
Keywords: sentencing procedures separate sentencing proceedings mixed sentencingprocedures relatively independent of the sentencing process
CLC: D925.2
Type: Master's thesis
Year: 2012
Downloads: 25
Quote: 0
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Abstract


Sentencing process is that, after the defendant was convicted, it determines thedefendant’s criminal litigation and the general legal action. As an important stage of criminalproceedings, sentencing procedures reflect the modern rule of law and legal culture ofimportant content. The pre-sentencing program features make the sentencing processstandardization. According to the relationship between conviction and sentencing, thesentencing process is divided into two modes——separate sentencing procedure and mixedsentencing procedures. Sentencing procedures is an important way to achieve proceduraljustice, it reflects the protection of human rights in criminal proceedings and regulates thediscretion of the judge.Our Country’s sentencing procedures used in a mixed mode of sentencing patterns,about one conviction and sentencing procedures.The problem in the program design are: thedefense sentencing defense is more difficult to participate in the sentencing of poor results;Prosecution the right to exercise sentencing recommendation is not standardized; the victim ofa lack of effective participation in sentencing; absence of the defendant personality surveysystem. The problems in supporting measures are: inadequate procedures resulted in thesentencing process bloated shunt; reasons for the sentence shows lack of social credibility ofthe low; Sentencing standards is extensive, leading to confusion standard applies. We need toestablish a relatively independent of the sentencing procedures, conviction and sentencingprocedures to achieve a limited separation can be selected according to whether the defendantpleaded guilty to the sentencing process model. In the program design: enhanced sentencingthe defendant to defend and optimize the effectiveness of sentencing; regulating the exerciseof the prosecution to sentencing recommendations; enhance active participation of victims insentencing; to establish the defendant personality survey system. In the supporting measures:strengthening program streaming, reducing the burden of sentencing; extended reasoning partof the verdict, and enhance the credibility of the verdict; establish standardized sentencingbenchmarks.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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