Font Size: a A A

Concerning The Procuratorial Organsperfect The System Of The Sentencing Ecommendations

Posted on:2013-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y C WeiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Sentencing recommendations is to point to in the criminal procedure, procuratorial organs to prosecutors on behalf of the state of the defendant in a public prosecution or to appear in court to support public prosecution, according to the defendant’s criminal facts, nature and seriousness, confessed attitude factors, to a people’s court is the defendant shall be applicable penalties and fines and prison terms, such specific way of carrying punishment and proposed an judicial advice or claim. Sentencing recommendations is law of procuratorial organs which can, China is the procuratorial organs actively participate in standardization reform is an important way of sentencing. The procuratorial organs in the exercise of public power, accused the defendant of crime and puts forward concrete to court sentencing recommendations, the law is to fulfill its legal supervision function embodiment. It is conducive to strengthen the discretion of the judge supervision and control, is conducive to ensuring the litigation rights of the parties, is helpful to perfect the trial program structure, safeguard judicial justice. At present, the procuratorial organs actively explore sentencing recommendations of work, and obtained a certain result. But, because of the procuratorial organs sentencing recommendations in exploration of the system is also preliminary stage, the distance from the realization of judicial supervision established strengthening, and promote the fair sentencing, protecting defendants’ rights goal and a certain distance. Therefore, should be based on the existing laws, profound study procuratorial organs sentencing recommendations the basic theory of the system and the existing theoretical basis, the author of the existence of sentencing recommendations reasonable value, and gradually perfect China’s procuratorial organs sentencing recommendations system.This paper is an empirical analysis of the literature research, wait for means, to our country the procuratorial organs from sentencing recommendations of the system the basic theories of, of China’s procuratorial organs by sentencing recommendations system present situation and practice in the use of the sentencing to advice profound analysis, inductive appear this sentencing recommendations system of the problems and causes, and based on this success will come forward perfect our country’s procuratorial organs sentencing recommendations system and the idea of related system support.
Keywords/Search Tags:Sentencing recommendations, Sentencing to advice, Sentencing standardization, Judicial justice
PDF Full Text Request
Related items