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An Empirical Research On The Power Of Sentencing

Posted on:2016-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:N JiangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Since the sentencing proposal system practice in the domestic parts of our country the end of last century, a series of achievements have made. Under the premise of certainly the rationality and necessity of the procuratorial organs exercise the right of sentencing proposal, the paper through the investigation and the practice of typical cases of the province of D city peoples procuratorial of L province during 2013 to 2014, to analysis the case shall be applicable to the specific sentencing of criminal case and the data in the process of sentencing proposal shows some problems such as the sentencing suggestion specification is not standard, sentencing suggestion is not clear, sentence suggests relief functions, and emphatically explains the reasons for these problems, in the case of the typical case study as the breakthrough point, points out that the procuratorial organs exercise the right of sentencing proposal the problems existing in the process, and how to perfect it some assumptions are put forward, in order to be helpful to the criminal judicial practice in China.In this paper, in addition to the introduction, this text made with three parts:The first part mainly involves the theory of sentencing proposal problems, including the definition of sentencing suggests, the main body, property, relation with other rights,etc., and it is concluded that the point of view: first, in essence sentencing proposal is the claim for penalty,it is the form of the right of public prosecution in the sentencing phase.Second, sentencing proposal exercise has a positive role on our country present stage, the abuse of discretion can avoid the court, so as to promote the judicial justice, protect the legitimate rights and interests of the parties.The second part through data analysis and typical case study of this unit sentencing suggests the implementation of the specific situation made salt, put forward the procuratorial organs in sentencing proposal that reflected in the process of a series of problems, such as sentencing proposal is not clear, protested the effect is not ideal, etc.,and expounds the cause of the above phenomenon.The third part, on the basis of the former two parts by three perfect suggestions are put forward, namely, formulate complete sentencing suggestion standard specification,sentencing fraught way, establishing the system of prosecuting attorney, reform the handling process, And for each specific recommendations in detail, such as sentencing rules alone, amount of financial fraud cases sentencing standards specific elaboration,corruption case of sentencing standards put forward the unique insights, also special for prosecuting attorney system emphatically, hope these three Suggestions to ensure sentencing suggests exercise to achieve its function.
Keywords/Search Tags:The criminal judicial practice, Criminal procedure law, The procuratorial organs, sentencing proposal
PDF Full Text Request
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