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The Studing About The Suggesting Right For The Penalty Measurement By Procuratorates From The Perspective Of Criminal Policy Of Tempering Justice With Mercy

Posted on:2011-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:H Z ShenFull Text:PDF
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The Fourth Plenum of the 16th CPC put forward the goal of building a socialist harmonious society and set up the criminal policy of tempering justice with mercy as the basic criminal policy. The procuratorate is an important organ to enforce this policy, and put the suggesting right into effect. Especially, in 2008 the Politics and law committee believe the procuratorate'suggesting right for the penalty measurement should be included in the judiciary proceedings. This is an important task in criminal justice reform. Therefore, lots of procuratorate promote the reform and achieved marked results. In february 2010, the Supreme People's Procuratorate Issued"Guidelines on the suggesting right for the penalty measuremen by procuratorates", in order to guide the procuratorates'work practice.In my mind, the suggesting right focus on kinds of punishment, imprisonment and its execution way, so the procuratorate shoud take this advices to court in the judiciary proceedings. The suggesting right is an important part of prosecuting discretion, rational choice to reform ways of court trials, and also an important method to exercise law supervision. Now, in china, unjustice punishment is a serious problem in judicial practice. We should base on the China's actual conditions, learn the useful experience from the Anglo-American law system and continent law system, conclude the proposed pilot work experience, then further reform and improve the suggesting right.This paper focuses on criminal policy of tempering justice with mercy, combines theory with practice, in order to develop and improve the suggesting right system. This paper makes full use of empirical analysis, comparison and so on, and contains four parts.The first charter defines and interprets the suggesting right and criminal policy of tempering justice with mercy, then analyses the relationship between this two parts. The second charter focuses on the proposed pilot work experience from empirical analysis. Author conclude the effective work, also analyses the problem. through conclusion and analysis the judicial practice about suggesting right for the penalty measurement by procuratorates from the perspective of criminal policy of tempering justice with mercy, author want to get the useful breakthrough.The third charter analyses the theory and practice in foreign, then get some useful experience in order to improve the suggesting right system in china.The fourth charter regulates the suggesting right system under the criminal policy of tempering justice with mercy, strengthen our capacity to enforce the suggesting right, builds the ancillary system and improve internal supervision mechanism. We should further research the suggesting right for the penalty measurement by procuratorates, development and improve specific recommendations in order to promote the judicial practice.
Keywords/Search Tags:procuratorate, punishment advice, tempering justice with mercy, system improvement
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