Font Size: a A A

Research On The Abstract Of Procuratorial Sentencing Proposal

Posted on:2015-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y B BaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
The right to request the right to sue in the sentencing procuratorial sentencing proposal source, sentencing claim as a Xiang Quanneng entrusted by the state prosecutor’s office, through some form of performance, its form is one of the sentencing suggestion. The introduction of the sentencing suggestion system in our country, the discretion to judges, change the long-term existing in our country’s criminal procedure in the light sentencing, conviction, sentencing judge process defects closed, the optimization of China’s public prosecution system, security and trial results related to other litigants to exercise the right to participate in sentencing procedure, improve the efficiency of lawsuit. This paper is divided into six parts. The first part is the study of foreign sentencing recommendations, to carry out the sentencing suggestion in Anglo American law system and continental law countries were compared in detail, and the National Hybrid litigation pattern after the fusion of two legal countries sentencing suggestion system of sentencing suggestion system was introduced; on this basis, analysis of the similarities and differences these countries sentencing system exists, hope to find suitable for the situation of our country from the experience as reference. The second part briefly introduces the development background and development process of sentencing recommendations in our country, in order to grasp the necessity of sentencing suggestion in China from the macroscopic, understand the sentencing recommendations in our exploration of the formation process of understanding, at this stage of China’s sentencing recommendation mechanism. The third part introduces the practice of sentencing suggestion meaning, from the four aspects of the main value of sentencing recommendations exist, important significance for us to fully understand the practice of sentencing suggestion works well. The fourth part from six aspects in detail to our country current sentencing suggestion to the operating mechanism, analysis of the current practice of reason and practice above mechanism in our country, so that we on the sentencing suggestion system in China currently running have a comprehensive understanding of the. The fifth part summarizes the main problems of current our country discretion of punishment suggestion system, find out the direction of future sentencing recommendations. The sixth part of the future good sentencing recommendations put forward specific measures, how to perfect China’s sentencing recommendation system, sentencing suggestion mechanism in normal operation, the method is feasible, and that the present stage of our country is not suitable for the conviction and sentencing procedure completely apart, our country to carry out work to combine our sentencing recommendations in reality, not to blindly copy.
Keywords/Search Tags:Sentencing recommendations, Regulation of discretion, Sentencing justice, Judicial reform
PDF Full Text Request
Related items