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Analysis of the Sentencing Standardization

Author: LiuQiong
Tutor: GaoShengFa
School: Jishou University
Course: Legal Theory
Keywords: seniencing seniencing standardization diseretion diseretion
CLC: D924.13
Type: Master's thesis
Year: 2013
Downloads: 76
Quote: 0
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Abstract


Sentencing at the trial stage in how to implement judicial cases, the perpetratorsof criminal judges determine the harmonization of standards and stylized. Sentencingreform designed to address the the sentencing deviation imbalances, regulate the disc-retion of the judge. To discuss the sentencing standardization must start from the bac-kground of the era of reform and the significance of the proposed sentencing reformto solve the sentencing deviation imbalance, the phenomenon of non-standard specifi-cation discretion of the judge has important theoretical and practical significance. Int-erpretation of sentencing standardization, analysis of the theoretical basis for the stan-dardization of sentencing and values, it is explore sentencing logical starting point andfoundation of other issues.The sentencing reform propulsion reform brewing in2003, after the pilot to fullimplementation of the process after seven years, after the reform has achieved somesuccess: the case appeal rate decreased significantly, the judge sentencing awarenessand the ability to sentencing has been improved, discretion right to the effective supe-rvision, the sentencing justice, the credibility of the judicial recognition. Certainly se-ntencing standardized implementation of an active role in the trial of criminal justice.However, at the same time, we can not ignore the beginning of the new system, whenfully implemented, can not always avoid exposure in the presence of some defects insystems and practices in the process of a series of questions. Therefore, from a studyon the status of the implementation specification of the sentencing guidance is essenti-al to analyze the fundamental defects based on sentencing in China to further promotethe reform suggestions. This empirical research and literature by taking lessons fromthe four aspects of the method of standardized sentencing stage process that still existsome problems: the judge sided understanding of ideas, sentencing entity, sentencingprocedural reform problems with the coordination of relevant departments problem.And highlights from the sentencing principles established follow sentencing laws,legislative, judicial reform and strengthening coordination between departments onvarious aspects of the problems raised some reform proposals.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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