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The Association Between WNT Signal Pathway (LRP5and TCF7L2Gene) And Type2Diabetes

Posted on:2014-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2246330398977236Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a part of court proceedings, sentencing suggestion program is the main content of the reform of sentencing standardization in China, but also an important tool by which investigating and prosecuting apparatus exercise the function of legal supervision fully. What’s more, it is a core element to build a fair, just and open criminal justice proceeding. As an important function of the right of prosecution, sentencing suggestion reflects the value pursuit of the prosecution of substantive justice and procedural justice, economical litigation and lawsuit efficiency. Sentencing suggestion is the factual basis and an important reference of court’s sentencing and judgment, and it does not have the function of initiating court sentencing procedure. However, sentencing suggestion is still able to bind the court’s sentencing jurisdiction right by positive guidance and reversed sentencing corrective of sentencing information supplied. After the introduction of the sentencing suggestion, the prosecution should actively change the traditional proceedings philosophy of heavy conviction and light sentencing, and adheres to the obligation of prosecutors to safeguard national justice and fairness and has comprehensive sentencing information. The prosecution does well the task of sentencing reasoning, sentencing defense and making sentencing proposals. Meanwhile we should be aware of that prosecution’s sentencing suggestion systems just begin and it is not perfect. We should strengthen and improve this system in all aspects by combining with the experience of other countries and Taiwan, China in practice. At present, the Supreme People’s Procuratorate has issued the latest legal norms so that guidance, operational procedural norms and principles have already formed. By comparing analysis, critical analysis and other methods, the article makes specific analysis and comparison combined with the summary procedure, the simplified ordinary litigation and the common procedure in Chinese criminal procedure.The first chapter is a basic overview of the theory of sentencing suggestion. In accordance with the traditional research model, at first, the article introduced the concept of the sentencing suggestion. We sum up two theories of the same forms and get complete concept of sentencing suggestion by two different forms of the definition. Then we further analysis of the nature of the sentencing suggestion and make determine the sentencing suggestion’s nature through sentencing suggestion’s power source and the host tenure focus. Finally, we put forward the basic principles of the sentencing suggestion in the process of the application, such as the principles of purpose and flexibility, the principles of legality and rationality, the principle of fairness, justice and independence. The second chapter further studies the content of the value of the sentencing suggestion program in the following ways, such as public prosecution function, idea of the right to limit, legal supervision and effectiveness of the proceedings. These show the necessity of establishment and improvement of the sentencing process. The third chapter studies sentencing suggestion system of the different legal systems and regions. We sum up the characteristics of the extra-territorial sentencing suggestion through the comparison of the two legal systems legislation and practice, and the Taiwan judicial interpretation and practical experience. Based on this, we evaluate sentencing suggestion systems and procedures of the two legal systems’and Taiwan’s. Chapter IV investigates sentencing procedure of summary mode in China by combining with specific criminal trial procedures. And we further study issue that how to regulate the applicable the sentencing suggestion from three different modes, such as the summary procedure, the simplified ordinary litigation and the common procedure. We identify shortcomings and problems of implementation of sentencing suggestion in China. The last chapter elaborates how to build and improve our sentencing suggestion program and future development direction of sentencing procedure. We protect the sentencing suggestion system to play its due role through the legislative perfection, the multiple subjects involved in the mechanism, effective audit oversight, standardized sentencing evidence rules and ex-post evaluation mechanisms.
Keywords/Search Tags:procuratorate, Public prosecution power, Procuratorate, systemimprovement
PDF Full Text Request
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