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On the Proof of Sentencing Facts

Author: PeiZhenYu
Tutor: ZhouChangJun
School: Shandong University
Course: Procedural Law
Keywords: Sentencing facts Free Proof Strict proof The Burden of Proof Standard of proof Sentencing procedures independence
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 235
Quote: 7
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Abstract


The traditional Criminal Evidence Act theory, the proof of the theory of the relevant substantive law tailor specifications conviction as the center. In the sentencing process, the defendant has been convicted of the principle of the presumption of innocence is no longer directly applicable, prove object sentencing convicted fact converted to the fact that, at this time we need to reassess the the proof rules designed to ensure convicted accuracy, is necessary establish the burden of proof for sentencing facts allocation rules, and re-set the appropriate standard of proof, and standardize the judge's sentencing discretion, to promote sentencing procedures and entities on dual justice. \The introductory section briefly describes the basic overview of the scope of this paper, current research, and research significance. Body including a total of five chapters: the first chapter, the the sentencing facts of the concept and elements; Chapter II, sentencing facts may be proved; Chapter sentencing facts prove the allocation of responsibilities; Chapter sentencing facts prove The standards; Chapter sentencing procedures independence: the sentencing proved rules apply ought Context. In the first chapter, the article first concept of sentencing facts defined clearance sentencing facts and the facts of the crime, relationship between convicted fact, and discusses the sentencing facts independence. Legislative status quo and existing theory elements subsequent sentencing facts research analysis and reflection, and proved to facilitate criminal basic standpoint, re-carding of the sentencing facts constitute elements. In the second chapter, the article begins with an analysis of the two basic method of proof that strict proof and free to prove the concept and function, and then elaborate the problem of the choice of substantive law proved that the country should, through the analysis of the actual situation of China's Criminal Procedure set Select separation proved mode, that is, to adopt a different method of proof for sentencing facts Finally, this chapter discusses in detail the choice of various sentencing facts may be proved. In the third chapter, the article first examine the perspective of comparative law abroad sentencing proved the allocation of responsibilities, then proposed the principle of the presumption of innocence \the principle of presumption of sin in the sentencing process is no longer with the basis of the effectiveness of and only radiation effectiveness, and then further pointed out that \role in the process of sentencing proved. In the fourth chapter, the article first standard sentencing proved extraterritorial visits, comments and sentencing proved our existing standards and related reforms, and then discusses China should construct a system of sentencing proved standards and proposed a specific building ideas. In the fifth chapter, the paper analyzes the rules for sentencing facts prove that only relatively independent of the sentencing process in order to function as intended, proposed sentencing procedures advocated independence preliminary ideas and supporting reform.

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