2011Journal of Qiqihar UniversityRequires access

The Protection and Regulation of the Practice of Sentencing Discretion Rights

Shen Liu-lan

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Abstract

The practice of sentencing discretion of judges is a necessary process of judicial procedure.It is not only directly related to the immediate interests of the defendants,but also to the realization of the substantive justice and procedural justice during criminal adjudication.There are many determinants of sentencing discretion.This article is dedicated to investigate the factors that caused the deviation of sentencing discretion in the establishment of criminal law and judicial practice in China and propose possible means of perfecting the practice of sentencing discretion.

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What this paper is about

The practice of sentencing discretion of judges is a necessary process of judicial procedure.It is not only directly related to the immediate interests of the defendants,but also to the realization of the substantive justice and procedural justice during criminal adjudication.There are many determinants of sentencing discretion.This article is dedicated to investigate the factors that caused the deviation of sentencing discretion in the establishment of criminal law and judicial practice in China and propose possible means of perfecting the practice of sentencing discretion.

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Available abstract

The practice of sentencing discretion of judges is a necessary process of judicial procedure.It is not only directly related to the immediate interests of the defendants,but also to the realization of the substantive justice and procedural justice during criminal adjudication.There are many determinants of sentencing discretion.This article is dedicated to investigate the factors that caused the deviation of sentencing discretion in the establishment of criminal law and judicial practice in China and propose possible means of perfecting the practice of sentencing discretion.

Key concepts: Discretion, Judicial discretion, Adjudication, Political science, Law, Economic Justice, Criminal justice, Judicial review

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