Font Size: a A A

On Sentencing Advocacy System In Our Country

Posted on:2014-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:J PengFull Text:PDF
GTID:2256330425475120Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
Sentencing Sentencing defense system along with a stateof civilization, democracy and development as well as the degree of sentencing reform and developed form of defense, which has a separate lawsuit litigation target value and, therefore, need to have a separate sentencing procedures to safeguard defense. Complaint, the defense, the trial in criminal proceedings constitute the three main functions of the prosecutor’s sentencing recommendation, the sentencing judge’s justification in judicial practice get enough attention, but relatively weak defense of the rights provided in the absence of institutional provisions, it is difficult toget attention.At present, China has increased concern about sentencing, the relevant legislation provides for a simple defense sentencing order, but the defense and to establish a sound system of sentencing. For has a "heavy conviction, light sentencing of" traditional Chinese courts, the defense of the importance of strengthening the sentencing, can help them obtain a more comprehensive, rich information and sentencingsentencing opinion, to arrive at a more impartial referee. Defense of our country for the current problems in sentencing, sentencing must be ideologically attention, legislationto establish a relatively independent sentencing procedures, supplemented by appropriate sentencing defense measures,while strengthening the supervision of the defense sentencing, sentencing to improve our defense. In fact, the sentencing advocacy system, can be relatively weak criminal suspects and defendants to provide institutional safeguards, truly adversarial system of litigation patterns reflected in sentencing.Separate sentencing sentencing reform defense is the inevitable product of the future and its ultimate fate will depend on the sentencing system, deepen reform, reform of the criminal justice system and even depend on an effective swing. Reform of the sentencing process in the future, how to ensure that the accused should be an effective defense sentencing reformers focus on the subject. To ensure that thecourt can make a science fair judgment, the suspect, the defendant’s system to protect the legitimate rights and interests, China must conform to the trend of sentencing reform, establish and improve the sentencing defense system.
Keywords/Search Tags:Sentencing defense, Sentencing process, Sentencingrecommendations, Litigation
PDF Full Text Request
Related items