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Procuratorial Organs To Seek The Punishment The Right

Posted on:2007-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WangFull Text:PDF
GTID:2206360185984752Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The power of procuratorial organs to suggesting sentence is the lower level power of right of prosecution, at the same time, it is contained by right of prosecution , The power of procuratorial organs to suggesting sentence is these powers of procuratorial organs, including the execution of grade administer in criminal lawsuit, suggestion about applying simple and easy course and raising concrete conviction and condemnation of defendants to courts. The power of procuratorial organs to suggesting sentence has these natural characters: specially belonging to procuratorial organs, investigating time, course, judicature rest, lawful and supervision of law.As the prosecutor in criminal lawsuit, procuratorial organs can realize the aim and task of prosecution when the power of procuratorial organs to suggesting sentence is provided in interrelated laws. Contemporary criminal lawsuit structure decides that procuratorial organs should have the power to suggesting sentence. The theory that powers should be restricted demands that procuratorial organs must have the power to suggesting sentence. In order to executing supervision of law, our country's procuratorial organs have to possess the power to suggesting sentence. Laws endow procuratorial organs with the power to suggesting sentence will be beneficial to safeguarding the uniformity of legal system; realizing formal justice; rationally restricting and supervising free judgment of judges; realizing judicial justice; defendants making full use of right to defence; rasing lawsuit efficiency; saving judicature resources; increasing judicial transparent degree so as to strengthen people's confidence in judicature.Many countries of the world employ the system of the power to suggesting sentence. Some counties set clearly procuratorial organs'power to suggesting sentence in interrelated laws; Some countries admit their procuratorial organs'power to suggesting sentence in judicature practice although these countries don't set the power of procuratorial organs'power to suggesting sentence in their laws. The system of the power to suggesting sentence in the two law system countries are similar in some ways, for example, suggesting sentence of procuratorial organs is only requests and...
Keywords/Search Tags:procuratorial organs, the power to suggesting sentence, conviction, condemnation
PDF Full Text Request
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