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Construction of relatively independent sentencing procedures

Author: ZhaoXing
Tutor: LiuGenJu
School: China University of Political Science
Course: Procedural Law
Keywords: Sentencing Sentencing process Conviction and sentencing separation mode Conviction and sentencing of one mode Entity controls and procedures restricting Relatively independent of the sentencing process
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 96
Quote: 0
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Abstract


Sentencing is convicted of a crime under the premise of human discretion penalty trial activities , resolve on the convicted person is sentenced , which imposed penalties , criminal penalties degree on how and whether the execution of the sentence immediately issue , and this process is the sentencing process . Today's world, whether in the sentencing process independent of the existence of the conviction and sentencing issues separate modes and one mode of conviction and sentencing of the two approaches , the former mainly in common law countries, civil law countries much more expensive than the latter. There are two modes of interaction cons : one conviction and sentencing patterns conducive to maintaining the coherence and efficiency of the litigation process , and the conviction and sentencing of separation mode is more conducive to achieve the objective of sentencing justice. The status quo of China's judicial sentencing procedure is inadequate sentencing program participation and openness , sentencing information is not sufficient , unfettered discretion in sentencing , etc., to build relatively independent of the sentencing process is necessary for the protection of fair sentencing . States in the sentencing process or activity to different systems designed to achieve the sentencing participation in activities and constraints , such as the system of sentencing guidelines , sentencing consultation system , the proposed system of sentencing , sentencing defense system , the investigation report before sentencing system , victim impact statement system and so on. Differences hidden behind the system of sentencing discretion fight an entity that controls and procedures restricting two roads : the former is trying to develop a detailed sentencing standards for the exercise of sentencing discretion be controlled entity , the latter through the sentencing process open, transparent of litigation to restrict the exercise of sentencing discretion . The author believes that the concept of fairness in sentencing , due process concept, the concept of human rights protection , the main idea of ​​the program , judicial discretion under the guidance of the concept of the rule of law and other modern concepts , the above system to select , absorb and learn , to build our open, transparent and Litigation relatively independent of the sentencing process is necessary.

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