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Perfection Of The Sentencing Supervision System About Procuratorial Organ Of Our Country

Posted on:2011-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:K Y XiangFull Text:PDF
GTID:2166330332984947Subject:Law
Abstract/Summary:PDF Full Text Request
Prosecution is the country's legal supervision, and that carrying out sentence supervisory duties in a criminal trial is the important content of procuratorial organs. From our special context, that exercising legal supervision by Prosecution is voted on by our constitutional mode,.the history of independent oversight and the tortuous history of New China's procuratorial system. Exercising supervisory power will neither damage the independence of justice, nor conflict with the right of the prosecution indictment, on the contrary, such a system is designed to safeguard justice, to protect of human rights and to promote social harmony.The reality is the most condition of a country. There is a big distance' between not only legislation but also practice and legislative intention about sentencing supervision system of our country, Outstanding performance in the lack of effective protection of existing law, in practice not only by the prosecution itself severely constrained by institutional factors, as well as many adverse effects from the judicial, which have seriously weakened the legal effect of sentencing supervision. The reason mainly is that the theoretical understanding of the diversity and uncertainty, prosecutorial power imbalance within the power of the prosecution and judicial organs and the imbalance of legal relations and the different impact of chinese and foreign cultures and so on. So it is necessary and urgent to improve the system of China's Sentencing SupervisionIn my view, China's Sentencing Supervision System should follow the following aspects:Perfection of system should reconstruct philosophy of sentencing supervision in the legal value, in particular, strengthen the awareness of legal supervision of prosecutors and highlight the consciousness of security rights in the system design; Should follow the principles of fairness and efficiency, hardness and softness, supervision according to law and full respect, combination of prevention and punishment, etc.; From a macro point of view, prosecution should concise three legal basis about sentencing supervision, and from a micro point of view, should improve the internal operation mechanism of it, and in relations with Court, should accelerate the training process of the legal community, strengthen the supervision and the rights in communication and coordination, to strive for establishing a loose and tight, harmony and unity relationship.
Keywords/Search Tags:Prosecutorial Power, Legal Supervision, Sentencing supervision, Trial independence
PDF Full Text Request
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