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Sentencing Recommendation System

Posted on:2009-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:N JiangFull Text:PDF
GTID:2206360248951106Subject:Litigation
Abstract/Summary:PDF Full Text Request
The power of sentencing suggestion is a new issue which is proposed by People's procuratorate in intensifying prosecution reforms. Its enforcement captures wide-ranging attention. It plays an important role in ensuring fairness in sentence, improving the efficiency of lawsuit, intensifying trial supervision. Author researches completely in the nature of the power of sentencing suggestion, the necessity of its construction, and the pattern of its system by comparison, analysis and conclusion. The article includes three part parts as below:Part one, the summary of the basic theories of the power of sentencing suggestion. First, author definites the conception of the power of sentencing suggestion. The power of sentencing suggestion is a judicial claim in which the procurator suggests judges inflicting defendant the specific punishment in the basis of confirming accusation. Secondly, author researches the nature of the power of sentencing suggestion in three aspects in which include essence of the power, content of the power, and efficiency of the power. The power of sentencing suggestion belongs to the right of prosecution. Analyzing its content, it is one of patterns of trial supervision by procuratorates. But in the effect, it is just a judicial claim, not final and binding. Final, expound legal basis of the power of sentencing suggestion. Author tried to prove it that precise prosecution could achieve effectually and restrict the penalty power. Simultaneously, it conforms to procedural justice, Separation of accusation and trial and power restriction.Part two, the author discourses the necessity of the power of sentencing suggestions and value of the procedure. In this part, first, the author analyzes defects of lacking the power of sentencing. For example, the procedure of sentencing is not open-eyed; the efficiency of lawsuit needs to improve; it fails to realize the real equal confrontation between the accused and the defended in the court; effect of adjudication supervision is not ideal. Second, the author elaborates the value of the lawsuit if in China the system would be constructed. It is favorable for controlling the judge's discretion of sentencing in order to justice of sentencing. It is also favorable for decreasing appeal in order to efficiency of lawsuit. It is favorable for realizing the real equal confrontation between the accused and the defended in the court and developing the space of pleading. It is favorable for supervising trial and raising the prosecution's competency. Finally, the author talks over the significance of system of the power of sentencing suggestion. It is order to achieve preciseness of justice, correcting unbalance between the accused and the defended and carry out the criminal policy.The third section is the critical part of this paper. After introducing the judicial practice of the sentencing suggestion in China, the author puts out the advices to build the power of sentencing suggestion throughout seven aspects. The first aspect suggests that the separation of the conviction procedure from the sentencing procedure is necessary to sentencing suggestion system. Usually the combination of the conviction procedure and the sentencing procedure has many drawbacks including the interference with the accuracy of the conviction, the negative effect on the efficiency and the hindrance in the defense. On the contrary, separation of the two will effectively protect the defense and guarantee the accuracy of justice. The second aspect is about the applied scope of the sentencing suggestion. The author offers the specific views based on the comprehensive comparison of four current viewpoints concerning it. The third aspect centers on the subjects with the power of the sentencing suggestion. The forth aspect is on the period suitable to suggest the sentencing. After making comments on three main viewpoints, the author advocates that the timing to suggest the sentencing should be related to the simplicity or the complication of the case. The fifth aspect is involved in the types of the sentencing suggestion. The sixth aspect is concerning the oral form or the written form to suggest the sentencing. It is agreed that the written form should be adopted. The seventh aspect pays attention to the sentencing standard. It suggests that national guide of the sentencing standard should be established. At last, the author elaborates the establishment of the sentencing suggestion procedure and the systems attached including discovery, legal aid system and the reasoning of the sentencing.
Keywords/Search Tags:the power of sentencing suggestion, procedural justice, fairness in sentence, efficiency of lawsuit
PDF Full Text Request
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