Dissertation > Excellent graduate degree dissertation topics show

On the Discretion and Regulation of the Criminal System

Author: SongHuaXue
Tutor: LiuYiGong
School: Lanzhou University
Course: Legal
Keywords: Criminal judges discretion Sentencing Regulation
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 159
Quote: 0
Read: Download Dissertation

Abstract


In the field of criminal law, every country’s criminal law system will give judges the left room for discretion. This is not only technically impossible in law but also unsuitable to legal theory, the discretion exercised by judges will overcome the shortcoming of criminal statute, safeguard the case of justice, promote the legal development, and converge the objective reality with the established legal norms. In our country, the judge’s discretion gets more and more attention. On the one hand, our law does not empower judges to have criminal discretion; On the other hand, according to the characteristics of the criminal laws and regulations, China’s judges in fact have broad discretion. Moreover, because of lack of the theoretical knowledge and regulation, the phenomenon of unlawful and unreasonable application of criminal discretion becomes a very serious problem. So it resulted in a judicial corruption and the arbitrary of justice, and had a very bad effect on the legal authority and the legal system. In view of this, people in jurisprudence and legal theory attempt to explore the reform of discretion theatrically and practically, and achieved a lot. In this thesis, I base on the origin of discretion, adopt the different points of view from the domestic scholars, explain the connotation and denotation of the discretion, and finally give the concept of discretion. I emphasis the inevitability and significance of criminal discretion from three aspects: the limitations of the law, the legal value of conflict and the characteristics of the criminal law. According to the status quo of application of discretion, I focus on the solutions from these four aspects to make the criminal discretion better, first is to raise the quality of the overall judges, second is to improve the criminal laws and regulations, third is to strengthen the control of the judicial process, forth is to build the monitoring mechanism.

Related Dissertations

  1. Research on Combinatorial Regulation of Multiple Transcription Factors,Q78
  2. Biosynthesis of Amorpha-4, 11-diene, a Precursor of the Antimalarial Agent Artemisinin, in Escherichia Coli Through Introducing MVA Pathway,TQ463
  3. The Relationships between Social Skill and Emotion Regulation in Undergradurate of Internet Game Addiction,B842.6
  4. Study on Effect of Nutritional Regulation on Pig Production Performance and Discharge of Nitrogen and Phosphorus,S828.5
  5. The Research on Regulation Reform for Chinese Administrative Monopoly,D035
  6. The Influence of Long-term Regular Exercise to the Distribution and Change Regulation on Human Skin Temperature,G804.2
  7. Cloning and Functional Analysis of Lytic Enzyme Production Related Gene Ctp in Lysobacter Enzymogenes Strain OH11,TQ925
  8. Research on the Physiology Mechanism of Grain Filling of inferior Grain during Day and Night Chemical Regulations,S511
  9. Research on the Mutation Breeding of Flavomycin and Regulation of Fermentation Techniques,TQ920.6
  10. The Effects of Abacus-based Mental Calculation Training on Child Intelligence and Other Traits,B842.3
  11. Robust Tracking Control for Nonlinear Systems,O231
  12. Environmental regulations of vehicle exhaust pollution System Research,X734.2
  13. Group Events Legal Regulation,D631.4
  14. On the oil industry monopoly Legal Regulation,F426.22
  15. The Study of Legal Regulation of Transfer Pricing,F275
  16. On the Company,D922.291.91
  17. Control Right in Family Business and Moderm Enterprise System Regulation,D922.291.91
  18. The Legal Regulation on Anti-Trust Law of Trade Association,D922.294
  19. On Some Legal Issues of Organ Translation,D923
  20. Myristoylation and Plasma Membrane Binding Regulate Tobacco NtRab5b Transcription,Q943
  21. The Research of Mechanism of Network Public Opinion’s Guide and Contro in Government Crisis Management,D630

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile