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The independent sentencing procedures research

Author: ZhouXiaoPeng
Tutor: WangHaiYan
School: China University of Political Science
Course: Procedural Law
Keywords: Independent sentencing procedures Conviction and sentencing of the mixing process Sentencing Justice Conceiving a System
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 330
Quote: 4
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Abstract


The conviction and sentencing of the two basic tasks of the criminal trial, the criminal trial procedures, including the conviction procedures and sentencing procedures. In accurate convicted based on scientific and rational sentencing procedures to determine the defendant should be the subjects at the penalty sentencing just. Based on the relationship of the sentencing process and procedures, sentencing program mode can be divided into the independent sentencing program mode and mixed-mode of the conviction and sentencing procedures. Relative to the conviction and sentencing of the mixing process, independent of the sentencing process for the realization of justice, substantive justice and sentencing procedures to ensure that sentencing results, better able to play a role, and thus represent the future direction of the development of the sentencing process. Current criminal proceedings with the conviction and sentencing of mixing procedures, sentencing and conviction in the trial will be put together to be resolved. This program model ignores the significant difference between sentencing and conviction, no special sentencing procedures in accordance with the characteristics of the sentencing activities, and resulted in the sentencing process is not public, opaque, unfair sentencing judicial practice is an important reason. In this regard, the Supreme People's Court is sentencing reform, the establishment of an independent sentencing procedures to be resolved. This article attempts by the introduction of the mixing process of the independent sentencing procedures and conviction sentencing and compare in depth theoretical analysis on the basis of an independent sentencing procedures, combined with China's actual situation, put forward the idea of ??building a separate sentencing procedures. The article is divided into an introduction, body and conclusion of three parts, the text includes five chapters. The first chapter an overview of the sentencing process. To explain the meaning of the sentencing sentencing procedures. Divided in accordance with the relationship of the conviction procedures and sentencing procedures the two sentencing procedures modes, namely conviction sentencing mixed mode and independent sentencing program mode. Clear the significance of the sentencing process, pointed out that the value of the sentencing process is to protect the sentencing just reflect procedural justice. Comparison of Two Schools sentencing procedures. Introduce mixed mode of civil law conviction and sentencing procedures and common law independent sentencing program mode. The trial proceedings in civil law countries, Germany and France, conviction procedure and sentencing procedures into one conviction and sentencing issues be resolved in a court investigation and court debate. In common law countries, the United Kingdom and the United States, phase separation conviction procedure and sentencing procedures, convicted by the jury finds that sentencing issues decided by the judge. Concrete steps of the article is to introduce the common law system of sentencing, sentencing recommendations, as well as the rules of evidence and other issues. Concluded that the similarities as well as differences in where the two sentencing program mode, and in-depth analysis of the background causes. Chapter theoretical analysis of independent sentencing procedures that the independent sentencing procedures should include the litigation mode of the main body of the sentencing process, sentencing procedures, sentencing rules of evidence, sentencing procedures specific steps theoretical content and conduct in-depth analysis, and these theories constitute . Participation in the proceedings on the basis of theoretical analysis to evaluate the independent sentencing procedures: the the independent sentencing procedures Note the significant difference between conviction and sentencing, to facilitate and focus on sentencing issues, can better protect the subject of litigation, increased sentencing procedures transparency, better regulate the discretion of the judge. Of course, the sentencing process independent of the trial time extension and reduce the effectiveness of the proceedings. However, in general, independent of the sentencing process reflects the deepening understanding by the people in the criminal trial activities and a better grasp of the law of criminal trials. Trends from the long-term point of view, the independent sentencing program on behalf of the future development direction of the sentencing process mode, is bound to be more and more countries to learn and adopt. Chapter IV of the current sentencing procedures. Current sentencing process is a mixed mode, sentencing subsidiary in conviction, trial, conviction and sentencing be resolved. The conviction and sentencing of mixed program has a lot of drawbacks, easily lead to unfair sentencing, and needs to be reformed. From the situation in the deployment of judicial reform as well as practice, designed to regulate the sentencing reform of the sentencing process has already started, one important goal is the establishment of an independent sentencing procedures. The fifth chapter build our independent sentencing procedures. The author argues that the actual situation, combined with China's terms of reference pattern of litigation through the sub-step advance to gradually establish our independent sentencing procedures. First of all, on the basis of the the traditional conviction and sentencing mixed program, and gradually establish and improve the public prosecutor asked the sentencing recommendation system, court sentencing council voting mechanism, the criminal verdict reasoning system, sentencing investigation report before the system supporting systems. Then, on this basis, the distinction between the defendant pleaded guilty to the case and the accused pleaded not guilty and the case of the former directly into the sentencing process, which is the first conviction after sentencing procedures to establish the conviction and sentencing procedures ripe, at the right time, separated from each other the independent sentencing procedures. The author of these specific systems are also in this chapter how to build own ideas.

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