Font Size: a A A

Sentencing Suggestion System In Our Country The Status Quo And Perfect

Posted on:2014-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y X HuangFull Text:PDF
GTID:2266330422966330Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Sentencing suggestion system in China since it began in the late20th century, has passedmore than a decade of history. Led in2008the supreme people’s court for sentencingstandardization reform work, in2009the central will\"standardize the discretion,incorporating sentencing into the court proceedings\" rules for the reform of the judicialsystem and working mechanism of an important content. The revised criminal procedure lawabsorbed the reform achievements, the193th regulation, in the process of court proceedings,to the facts relative to the conviction and sentencing, evidence should be investigated anddebate. This is incorporating sentencing standardization into the actual points.To coincide with sentencing standardization reform, the supreme people’s procuratorateis pushing the reform of sentencing suggestion, as an important part of the reform. Newlyrevised\"the people’s procuratorate criminal procedure rules (trial)\" also absorbs thesuccessful experience of reform of sentencing suggestion, respectively in the examination andprosecution, prosecution, trial support public prosecution of the sea stipulates the regime ofsentencing recommendations. The sentencing recommendations system to guide thesentencing suggestion works carried out correctly, ensure sentencing justice, promote thesentencing standardization, improve the efficiency of litigation, save judicial resources,protect the legitimate rights and interests of participants in the proceedings, to safeguardsocial fairness and justice, which is of great significance.Through the method of comparative analysis, this paper inspects the outside of thesentencing recommendations system characteristics and the beneficial experience, at the sametime, based on the actual situation in our country, analyzes the present situation of sentencingsuggestion system in our country and existing problem, put forward to solve and improve themethod and train of thought, in order to promote the continuous improvement of thesentencing suggestion system in our country and effective operation, better play to thesentencing suggestion system enhance the value of lawsuit efficiency and realizing judicialjustice.Nearly twenty thousand words, this paper points five parts. This article’s researchcontent includes the following five parts: the first part is the introduction part, the research purpose and significance of thesis, research status at home and abroad, thesis researchmethods and train of thought, the main content of the thesis, the research of the innovationsmade in detail, thus making is an integral part of the outline to the full. The second part is abasic issue in sentencing suggestion system, mainly analyzes the concept of sentencingsuggests, attributes, as well as the theoretical basis and value of the sentencingrecommendations system; Contrapose to the third part is the system of sentencing suggestion,and the beneficial enlightenment of sentencing suggestion system in China; The fourth part isthe sentencing recommendations system implementation status in our country, mainly to thelegislation and the practice of sentencing suggestion system in China; The fifth part is aperfect idea of sentencing suggestion system in China, mainly puts forward the perfect ourcountry of the sentencing recommendations system to build, and establishing thecorresponding matching system suggestion, in order to exert positive effects on improvementof sentencing suggestion system in China.
Keywords/Search Tags:Procuratorate, procedural justice, lawsuit efficiency
PDF Full Text Request
Related items