Font Size: a A A

Implementation And Improvement Of The Sentencing Suggestion System

Posted on:2014-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:J J GuFull Text:PDF
GTID:2256330401978006Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The sentencing suggestion system,as a key task for the reform of the sentencingstandards in recent years, for the promotion of fair sentencing, strengthen judicialsupervision, improve the efficiency of litigation plays an important role. It haspracticed for ten years in our country, has aroused widespread concern in theoreticalcircles and judicial experts, the pilot practice throughout the country also remarkableachievements. The supreme law, the Supreme People’s Procuratorate, the Ministry ofpublic security, the Ministry of state security, the Ministry of justice in2010havebeen individually or jointly issued a number of regulatory documents, which are therelevant provisions of the sentencing suggestion system, but these Provisions are noteffective level is too low, the operation is not strong, and in the practical operation ofdifference. While the revised2012"Criminal Procedure Law" larger length insentencing procedure reform achievements have drawn little, on the sentencingsuggestion system does not explicitly mentioned, so that the system operation lackskey legal basis. In view of this, based on the existing academic research results, basedon consulting study, practice of sentencing suggestion for obtaining the procuratorialorgans, through the interpretation of the "guidance" and "sentencing suggestion ofsentencing procedure opinions", combined with the relevant provisions of the new"criminal procedural law", the author put forward some ideas for sentencingsuggestion system. The full text is divided into five parts:The introduction part introduces the system of sentencing suggestion on thebackground of our country, the existing legislation status are summarized, andintroduced this article writing method and purpose.The first chapter reviews the promotion of the sentencing suggestion system inour country is developing more than ten years and the implementation effect.The second chapter states the empirical analysis of the sentencing suggestionsystem of our country. Through the introduction of the implementation status of theprocuratorate of Shanghai city in recent years to carry out sentencing recommendationwork, combined with the "guidance" sentencing recommendations,"opinions","newsentencing procedure in Criminal Procedure Law" of the relevant provisions of thesentencing suggestion system analysis of existing problems and their causes.The third chapter examines the extraterritorial sentencing suggestion system ofrepresentative countries in the two law systems to summarize the similarities anddifferences, and generalize the foreign system to China, and provide the reference inorder to perfect the sentencing suggestion system in our country.The fourth chapter is the key part of this paper. In the implementation of China’scurrent situation and existing problems of the sentencing suggestion system as thebreakthrough point, combined with the relevant legal provisions from the standardsentencing recommendation mechanism, establishment of sentencing suggestioninterface mechanisms, improve the sentencing suggestion guarantee mechanism,establish the restriction mechanism of sentencing suggestion four generous facesystematically put forward the idea of perfecting the sentencing suggestion system.
Keywords/Search Tags:Procuratorate, Sentencing suggestion, Status ofimplementation, Countermeasures
PDF Full Text Request
Related items