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Analysis Of Procuratorial Sentencing Proposal System

Posted on:2014-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:T T JiangFull Text:PDF
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The sentencing suggestion system is the world the majority of countries have carried out an important criminal litigation system. On the protection of justice, improve the efficiency of the proceedings, judicial reform and legal civilization plays an important role in. In China’s criminal litigation activities, the sentencing suggestion system is worth using for reference; contribute to China’s procuratorial sentencing proposal system’s construction and perfection. As a result of sentencing suggestion in the laws of our country has not been defined, it is hard to think of sentencing suggestion is a real sense of law system, this article attempts from the sentencing suggestion in nature and action mode research, theoretically elaborated the sentence recommended by the related legal content, and to the power of sentencing proposal practice as foundation, combining on the sentencing suggestion system to carry out the practical problem. The sentencing recommendation value analysis put forward the sentencing suggestion the problem that exists in executive process and further implementation of recommended sentencing standardization working proposal.The power of sentencing proposal refers to the process in criminal proceedings, the prosecution in the criminal facts of the defendant to conduct a comprehensive review and verification, and the accused on the basis of law, shall be sentenced to punishment, imprisonment, the supplementary punishment and executing mode to the people’s court for clear, specific sentencing proposal power suits. The power of sentencing suggestion is the first exclusive procuratorial organ legal authority, has traced the nature of the crime, procuratorial organs through the exercise of the power of sentencing proposal, solve the behavior person should bear criminal responsibility and degree; the power of sentencing proposal also has the judicial nature of claim right of the procuratorial organ, on behalf of the state to exercise powers back crime, the crime behavior executors shall be sentenced to the penalty, the judicial organs to referees put forward specific sentencing procuratorial organs, is now proceeding to start. So in this sense, the sentencing suggestion is a procedural right, not authoritative, finality, procuratorial sentencing proposal only uses the court jurisdiction to achieve. The sentencing suggestion law has a profound theoretical foundation and value. First, the power of sentencing suggestion is right of public prosecution due justice, only the power of sentencing proposal and conviction claim to combine, in order to obtain complete right of public prosecution. Secondly, the sentencing suggestion is to perfect the criminal litigation structure, realize the separation of prosecution and trial, trial neutrality, equal adversary of the three basic concepts of need. Finally, sentencing recommendations consistent with the theory of power restriction can reasonably control and restrict the discretion of judges. The sentencing suggestion system establishment, both from entity and procedure embodies the fair value, but also from the lawsuit cost and saving judicial resources, improve work efficiency and other aspects of the efficiency value.As one part of public prosecution system, the systems of sentencing suggestion in many countries of the world are embodied in the criminal litigation system. But due to different situation and judicial system exist difference, the sentencing suggestion system also has distinguishing feature each. In the countries of Anglo-American law system, the system of sentencing suggestion is as the sentence before the survey system and the system of plea bargaining has gradually generated. In the United States, the prosecutor is proposed the sentencing suggestion system of common main body, the procedure of plea bargaining is the United States Attorney to exercise the power of sentencing proposal procedure in common; the trial determined guilty after the sentencing procedure, the United States Attorney shall also have the right to put forward proposal on sentencing. In the countries of continental law system, criminal conviction and sentencing procedure is the basic one, a trial conviction and sentencing procedure, no obvious stages, the prosecutor in the litigation activities can fully exercise the power of sentencing proposal, the system of sentencing suggestion has been throughout the trial process.In our country, the implementation of the criminal procedure law, as the trial way reform deepen further, our country procuratorial agency actively explores the sentencing suggestion system. China’s procuratorial organs in the sentencing suggestion system and try to explore process although obtained certain result, but there are some problems need further study. For example the sentencing recommendation to exercise the right to uneven, the content of sentencing suggestion is random, the lack of standardized, operable sentencing rules, the lack of necessary experience and so on sentencing suggestion. Member of China’s procuratorial organ of sentencing suggestion system, from the applicable principles, applicable scope, subject, and time, put forward put forward ways and other aspects, and establish suitable supporting system.
Keywords/Search Tags:Procuratorial organs, the sentencing suggestion system, currentsituation, construction
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