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Our Country’s Procuratorial Organs Sentencing Proposal Problem Research

Posted on:2013-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WenFull Text:PDF
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The measurement of penalty is the modern society people are most concerned about the issue of a focus, but because our country is in the system of sentencing suggestion in terms of the missing, leading to the abuse of discretion is not well regulated, sentencing inequality becomes the focus problem. Sentencing recommendation to exercise the power of prosecution power is a part of. Put forward the sentencing recommendation, can make the criminal procedure to maximize from the procedure guarantee fair sentencing, is beneficial to the improvement of the right of public prosecution, extended right to defense, the judge’s discretion, improve judicial efficiency, improvethe quality of the public prosecutor. Procuratorial sentencing proposal for a broader, part of the pilot units proposed sentencing proposal than the norm, and obtained a court and other sectors of cooperation, forming a regional guidance document, but it should be noted is the sentencing recommendation in trial process many problems are exposed, such as sentencing recommendation to form, judicial adoption rate is low sentencing recommendations; lack of supporting evidence, is not convincing; sentencing standards for understanding different, not be the reference standard of measurement of penalty, sentencing recommendations for subjectivity is big wait for a problem, the reason is that there is no complete system, lack of guidance documents, legal inspection two sentencing standards are not unified, how to to realize the standardization of sentencing suggestion, is not only a theoretical issues to be considered, it is practice solve urgently normative issues, recommended sentencing standardization including its scope of application, the principle, implementing subject, put forward content, presentation, we based on the criminal procedure of our country puts forward maneuverability both the legal basis of standardization program, at the same time, sentencing standardization is not a single work, it requires the establishment and supporting phase Clearance system, so as to better guarantee the standardization of sentencing realize fair sentencing.
Keywords/Search Tags:Sentencing proposal, Standardization of sentencing, sentencingprocedure, Qualitative assessment, Legal supervision
PDF Full Text Request
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