论法官量刑裁量权的程序规制诉讼法学专业论文.docxVIP

2 2 Firstly, the sentencing discretion regulations are mainly interpreted in substantive rules, the procedural rule is secondary. And the most regulations are judicial explanation. While the defect in regulation is low effect level. Secondly, with consider lawsuit participant subject, we can get an overview about how well of the procedural regulation on sentencing discretion in judicial practice. From the present jurisdiction practice, the suggestion on weighing sentences, the defendant and his defenders sentencing defense, the court’s sentencing reasons, and the victim’s participant, contrary on the theories. The third part is going to analyze reasons about the present situation of procedural regulation on sentencing discretion. In this part, we will analyze the reasons why the alienation phenomenon exists in the law text and juridical practice about procedural regulation of sentencing discretion at present from the aspect of lawsuit participant subjects. The fourth part is about legislative perfection of the system of procedural regulation on sentencing discretion. And this part is also the core of this paper. We can perfect the legislation of regulation on sentencing discretion from four aspects. One way is to perfect sentencing suggestion that is perfecting the operating mechanism of the procurators, such as the content of the suggestion, subject, means, and alteration etc. The other way is strengthen the sentencing defense, and get the right remedy. That is constructing relatively independent system of sentencing defense, ensuring the defense right can be used fully by the counsel. Another way is enhance the sentencing reasoning, though the method of ensuring judge’s independent sentencing right in the system, reforming sentencing documents and public the sentencing reasons etc. Guarantee the victim should be entitled the participating right is another way. The judicial administrative organs should be fully guaranteed the victim has right to know, at the same t