量刑规范化视野下的量刑调查制度研究法学专业论文.docxVIP

1 1 2 2 Abstract Pre-Sentence Investigations as a kind of sentencing method enables the court to make right decisions before the final punishment. At the same time, it helps the court obtain information comprehensively and accurately. In this way, defendants can return the society as soon as possible and realize re-socialization. PSI originates from the United States. It has a history of over 160years in the west. At present, it has been developing rapidly all around the world. But it has a lot of problems in our country?s judicial practice. The article analyzes the foundation of PSI, summarizes foreign judicial practice and limitations of domestic judicial practice. At last, the author puts forward suggestions to establish and complete Pre-Sentence Investigations. The main part of the article is divided to four parts. Its contents as follows: The first part describes the system of Pre-sentence Investigation. This part ascribes the conception and origin firstly. Then it analyzes the legitimacy foundation and it?s Criminal Jurisprudence. The second part describes the foreign judicial practice of the Pre-sentencing Investigation system. In this part, the author mainly selects some countries and regions which have significance in Pre-sentencing Investigation. Then the article mainly selects the United States, the United Kingdom, New Zealand, and Hong Kong. As well, the article selects France, Italy, Japan, Korea and Taiwan which also have typical meaning. These countries and regions have a strong reference to the perfection of the system of Pre-sentencing Investigation in our country. The third part describes the domestic judicial practice of Pre-sentencing Investigation system. In this part, the author representatively selects Pingjiang, Changning, Shanghai, Hefei, Anhui Province, Qingdao, Shandong Province, Sichuan, Huzhou, Mentougou, Fengtai to analyze judicial practice feature. On this basis, it summarizes problems that exist in our country. It includes the subjec