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Research On The System Of Public Prosecutor's Proposing In The Judge's Discretion In Sentencing

Posted on:2004-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:W XuFull Text:PDF
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The Prosecutor's Proposing power in the judge's discretion in sentencing ('proposing power") means the public prosecutor on behalf of the people's procuratorate based upon the facts and circumstance of the crime that the dependant commits ,nature of the crime and the degree of endangering society ,makes suggestion to the people's court regarding the criminal penalty that may be imposed on the dependant, the term of penalty, pecuniary fine and whether the probation shall be applicable ate.As a system innovation that basic people's procuratorate has made in the judicial practice, there are some question needed to be clarified in theory in the system of public prosecutor's proposing in the judge's discretion in sentencing. This thesis is going to systematically expound the prosecutor's proposing system on the basis of synthesis of various views on the prosecutor's proposing power.Firstly, this thesis explicitly defines the concretion and nature of the prosecutor's proposing power, that is, the prosecutor's proposing power shall be included in the power of public prosecution which itself in not final penalty and belongs to one kind of basic forms that the state power of legal supervision is exercised. Secondly, this thesis analyzes the function and value of the prosecutor's proposing system in theory of law, and concludes that the prosecutor's proposing system accords with the standard of procedure justice and the spirit of restriction of state power. Thirdly, this thesis briefly introduces the present condition of the exercise of the prosecutor's proposing power in our country. Because the law does not clearly stipulate that the prosecutor has the power to propose to the judge the discretion in sentencing, plus there is some misunderstanding regarding the prosecutor's proposing power shallinfringe the judge's independent adjudication power and compress the defence space of the attorney. The prosecutor in principle does not make specific opinions regarding measuring penalty in the prosecuting activities. Finally, the thesis integrated with the judicial practice in our country and referred to the present system of the prosecutor's proposing power in foreign countries, has constructed the prosecutor's proposing system in our country.
Keywords/Search Tags:prosecutor's proposing, discretion in sentencing, participate
PDF Full Text Request
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