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Research On China's Sentencing Recommendation Power

Posted on:2012-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:J HaoFull Text:PDF
GTID:2216330368498962Subject:Basic principles of Marxism
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The justice activities about convicting and sentencing of criminal are an integral part. Accurately conviction is a prerequisite, an appropriate sentence is the result. Whether the penalty is related to the case, when the severity of the vital interests of the parties, about people and the trust of the judiciary, the sentencing in criminal activities should not be overlooked on importance. Must be acknowledged that, due to traditional heavy conviction, and due to light sentencing thinking, our judicial pay less attention to the issue of sentencing, a long time the sentencing court is seen as the exclusive right to power, can not be divided and shared. China's current judicial practice, a conviction about the possibility of error is very small, unfairness on sentencing is very much there, as the crime of a different penalty, the light sentences handed emphasis, even Jiqingjichong occurs. This seriously undermines the judicial authority, the impact of judicial impartiality.Looking abroad, the mainland and the Anglo-American two legal provisions are sentencing recommendation, as a basic system into judicial proceedings, and played a huge practical value and legal value.In recent years, on China's judicial system, a series of reforms occurred including reform of striking one of the prosecution's sentencing recommendation. February 2010, the Supreme People's Procuratorate issued a prosecution Hall "People's Procuratorate proposed to carry out the work of sentencing guidance (draft)," This is a special sentencing recommendations to guide the work specifications and documents, which marks the formal sentencing recommendations in the national fully implemented throughout the prosecution. However, in judicial practice, the exercise of sentencing recommendation, there are still many problems, for issues related to sentencing recommendations remains controversial. Therefore it is necessary to sentencing recommendations for systematic and comprehensive research to put forward a sound, suggestions for improvement. This is the original intention of writing this article.This paper is divided into four parts:The first part, demonstrated the concept of the right to sentencing recommendations, and other similar concepts of comparison, a sentencing recommendation to clarify the exact meaning. Demonstrated the sentencing recommendations of the properties. Given our present sentencing recommendations in the "right" or "power" theory of the dispute, it must clear the essential nature of sentencing recommendations. Discusses the foreign sentencing recommendation system and its inspiration. Two Schools of discussion and assessment by the five countries of sentencing recommendation, improve our sentencing recommendations drawn inspiration and reference system, while that in China the right to follow the sentencing recommendation to establish the trend, in line with China's practice needs.The second part, describes the establishment of sentencing recommendations in our need and feasibility. First, from the sentencing recommendations of the legal value and functionality, discussed in our need to establish sentencing recommendation: help temper justice with mercy the criminal justice policy implementation; help update the concept of justice; help to strengthen the prosecution legal supervision; help to improve judicial efficiency; help to achieve justice; help regulate the judge's discretion; help to exercise the prosecution team and so on. Secondly, from the sentencing recommendations of the legal basis, legal basis both in our analysis demonstrated the feasibility of establishing sentencing recommendations.The third part to reflect the implementation of China's sentencing recommendation status and problems. Should be noted that sentencing recommendations in our value and show a strong role. The vast majority of cases, the Court accepted the prosecution's sentencing recommendation; the defendant retracted the appeal rate and the rate decreased; sentencing imbalance Jiqingjichong a noticeable reduction in prosecution of the protest rate significantly reduced; greatly enhance the judge's reasoning and interpretation responsibility, reducing the arbitrariness of the sentencing judge, to promote justice, to maintain the fairness and justice. But can not be avoided, sentencing recommendations work in practice, the system sets itself there are many problems.Part IV, made a sentencing recommendation system, improve our proposal. In-depth analysis of the sentencing recommendations to implement the status quo, conscientiously sum up the problem, learn from the advanced experience of foreign countries on the basis of understanding from the thinking on the legislative level, institutional level, made a comprehensive proposal.Research methods and purpose: This article uses the inductive method, the index method, deductive method, the purpose is to accurately define the sentencing recommendation by the concept and content, the essential attribute of a clear sentencing recommendations, drawing on successful experience abroad, improve our sentencing recommendation system, and build with Chinese characteristics, sentencing recommendation system, to maximize justice, safeguard judicial authority.Research: to clarify the concept of a sentencing recommendation, content and core essence, underlines the sentencing recommendation vigorous vitality, and understand the sentencing recommendations in the exercise of judicial practice status, analysis of the sentencing recommendations, many problems exist, made a perfect Improved measures to build a localized sentencing recommendation system.
Keywords/Search Tags:Sentencing recommendation, Sentencing recommendation power, Perfect
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