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The Research on Sentencing Inconsistency

Author: ChenYingFang
Tutor: HaoShouCai
School: Henan University
Course: Criminal Law
Keywords: Unfair Sentencing Discretion of the Judge Sentencing reform
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 198
Quote: 3
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Abstract


Sentencing is an important part of the theory of the penalty, is also a key part of the activities of the criminal trial. The amount of criminal offender personal liberty, property, life and other basic rights, the defendant was identified as the most concerned about crime. The sentencing balanced and consistent criminal justice in sentencing sentencing sentencing justice is the people diligently pursuing the goal. In fact, however, the sentencing is a worldwide problem, sentencing the deviation and sentencing imbalance is prevalent in the world trial practice and can not be eradicated chronic illness. The judge too wide discretion is considered to be the main reason for the sentencing imbalances and suffered criticism. Currently, the countries of the world are actively exploring the criminal legislation and judicial responses to regulate the activity of the sentencing judge to reduce the the sentencing deviation and sentencing imbalances, in order to achieve fairness and impartiality of the sentencing. Sentencing imbalance in China from the start, and its harm to society and causes analysis, followed by a comparative study of Britain and the United States Sentencing Guidelines, and then describes the theoretical research and practical exploration of sentencing reform the status quo, and finally try to put on sentencing The imbalance in the prevention and control measures. In addition to the introduction and conclusion, this article consists of the following five parts: Part I: Sentencing Overview. This section first discusses the the sentencing the definition and characteristics; secondly discusses the the sentencing principles positioning and principles of sentencing. Part II: sentencing imbalance problem. This section discusses the following issues: First, the meaning of the Unfair Sentencing set the boundaries for sentencing imbalance; Secondly, it is pointed out that the trial practice in China of Unfair Sentencing manifestations; once again on the social harm caused by the sentencing imbalance on China; final , in-depth analysis of the causes of the imbalance of the sentencing. Part III: Common Law Sentencing Guidelines mode and its revelation. The part first introduced the United States Sentencing Guidelines quantitative mode; Secondly, the the British reasoning Sentencing Guidelines mode; concluded that the revelation of the Anglo-American the Sentencing Guidelines mode of sentencing reform. Part IV: theoretical study and practical exploration of sentencing reform in China. That part first introduces the status quo of China in the the sentencing method of research; followed by the introduction of sentencing procedures Reform; concluded that the future direction of the sentencing reform in China unresolved problem. Part V: Unfair Sentencing prevention and control measures. In this section, the author attempts to prevention and control measures proposed sentencing imbalance, pointed out that the to resolve the Sentencing imbalances, you must first update their concepts, to firmly establish the correct concept to sentencing; Second, we want to create the sentencing guidance system with Chinese characteristics; finally stressed sentencing into court trial, establish the distinction sentencing procedures.

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