Title: Discussion on Certification Responsibility and Standard in Sentencing
Abstract: The sentencing has different judicial function with conviction. In the sentencing phase, the system content, which is designed to be in line with proof responsibility and proof standard, will be an important part of procedure reform to separate the conviction with sentencing in China. Under the deepening the judicial reform background, combining with the contents in new criminal procedural law, including basic requirements beyond a reasonable doubt, the widening scope of parties joining the court investigation and debate, the sentencing advising system, we can conclude that the relatively independent system of the proof standard and responsibility can be established in the sentencing phase. It has necessity and feasibility.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
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