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Normalization of sentencing

Author: ZhuHuanYi
Tutor: WuRenBi
School: Southwest University of Political Science
Course: Legal
Keywords: Sentencing imbalance Sentencing Sentencing Reform
CLC: D924.13
Type: Master's thesis
Year: 2010
Downloads: 449
Quote: 4
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Abstract

Equity is the value of the pursuit of sentencing, but judicial practice sentencing imbalance increasingly cause for concern and dissatisfaction. Equilibrium is consistent sentencing people to the pursuit of fairness and justice, to make people feel judicial impartiality. Can judicial justice law directly affect people's beliefs and attitudes, it is socialist judicial sentencing balancing the proper meaning of civilization, balanced and sentencing of standardized research has important theoretical and practical significance. This paper is divided into three parts. The first part is the \Sentencing of imbalances more, there are imbalances in sentencing between the main trial, sentencing imbalance between regions, between periods sentencing imbalance between the main crime sentencing imbalance. One reason for the imbalance on criminal legislation, the legal provisions of the careless, legal punishment is too large, the second is the concept of judicial practice in China for re-conviction, light sentencing, three judges of the quality of the different four are civil compensation, public opinion interference. Sentencing imbalance will be difficult to achieve the purpose of punishment, judicial authority and credibility is difficult to establish. The second part of \regulate activities on sentencing. United States in the sentencing process, made a lot of useful exploration of ways in which the implementation of sentencing guidelines and achieved good results. Although the United States and China belong to different legal systems, but the sentencing mechanism comparison point of view, there are several similarities between the two countries, China's learn from the experience of the United States Sentencing standardization is feasible; while Germany as a civil law countries, the Penal Code the right to make a detailed sentencing clearly defined to a great extent to avoid the arbitrariness of sentencing. Learn to achieve greater standardization in sentencing the effectiveness of the United States, Germany and other countries of advanced experience, can speed up the process of standardization of sentencing. In this section also discusses the lack of sentencing system and should draw on the experience of other countries of the Department. The third part is \not fully effective in achieving standardization of sentencing expectations. Only comprehensive facilities strategy in order to achieve better results. From a macro direction, the following aspects should achieve standardization of sentencing: 1. Improve the relevant criminal law. In the form of legislation and judicial interpretation Lo exhaustive list specific circumstances of the crime and the circumstances are explicitly configure the appropriate common legal punishment, through the circumstances of the crime and the sentencing range for refinement, so that the gap between the statute reduced, reduced trial officer's discretion, in order to prevent sentencing imbalance. (2) gradually improve sentencing guidance rules, specific guidance sentencing. In addition to legislative and judicial interpretation, but to develop a sentencing judge should follow the guide specifications, as an aspect of sentencing norms based on an effective complement to achieve legislative and judicial balance in equilibrium. 3 In case of secondary norms applicable sentencing guidelines. Uniform judicial practice on sentencing selected representative difficult cases, sentencing normative guidance documents as examples of operational demonstration, but has no provision for a special episode of the case, through the authority of the sentencing adequate reasoning conclusions drawn, and sentencing guidelines opinion supporting the use of similar cases as a sentencing later reference. 4 Victims Participation sentencing process. In the case of the sentencing process concerns the views of the victim, the judge can more fully grasp the case information to more fully consider the sentencing of the plot, a greater degree of protection of sentencing fairness. 5 expressly granted the right to prosecution sentencing recommendation. Sentencing recommendations made by the prosecution, so that both parties through specific sentencing issues and to provide a basis for justification for the judge to make an analysis to determine which legal and reasonable judgment. In addition, pre-sentencing recommendation as a form of supervision, but also helps to eliminate factors outside the case to the judge at the sentencing of interference.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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