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Sentencing justice program selection

Author: DongZuo
Tutor: BianJianLin；QuXin
School: China University of Political Science
Course: Procedural Law
Keywords: Sentencing Sentencing procedures Discretion System Construction
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 234
Quote: 1
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Abstract


Justice is the foundation of harmony, the sentencing justice is a criminal fair trial standards, which is particularly important in the building of a harmonious society. Criminal trials in the modern legal society, the basic requirements: the conviction is accurate and appropriate sentencing. This requires in a criminal trial, which ensure a fair sentencing. Although our crime constitute a fairly complete theory, but theory and judicial practice of the sentencing is still relatively weak, especially embodied in the legislation. Along with social progress and development, the existing sentencing provisions can not meet the sentencing justice needs of the drawbacks of the sentencing process in judicial practice, to highlight and bring many adverse effects. Criminal legislation, the establishment meet the basic principles of our judicial reality of the Criminal sentencing system, standardize the judge's discretion, so that participants in the proceedings to participate fully to ensure that the sentencing process is transparent and reasonable to achieve sentencing a strong guarantee of justice. This article seeks to procedures to ensure that sentencing fair to analyze the status quo of the sentencing process proposed the necessity and feasibility of the establishment of an independent sentencing procedures in our country, and with the national situation tentative reflection of the sentencing process and build in order to raise the theoretical circles concern of the sentencing process, start a discussion. Article introduction, body and conclusions of three parts, the body is divided into five chapters, about 30 000 words. The first part of the first chapter described the sentence meaning, and compared the characteristics of the sentencing and the importance of sentencing and conviction. The second part of the sentencing fair overview from the criminal responsibility and punishment to adapt the principle of maintaining the authority of the People's Court, the credibility of the protection of human rights, promote social harmony on the sentencing fair in a criminal trial of great significance. The first part of Chapter II of the sentencing process the meaning and the different modes of operation of the sentencing process. The second part of the sentencing the specification judge discretion to ensure fair sentencing to protect the litigation rights of criminal defendants and victims, save judicial resources, efficiency of the proceedings on the value of the sentencing process. Chapter III of the sentencing procedures of the foreign inspection, provide a reference for the construction of our sentencing procedures. The fourth chapter focuses on the status of the sentencing process, the defects described, and from the main objective analysis of the problems of sentencing procedures. Chapter V combined with the status quo of our current sentencing of the sentencing process to reflect the necessity and feasibility to establish an independent sentencing procedures in our analysis, the sentencing system constructed and sentencing procedures for specific ideas.

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