Font Size: a A A

Attorney Practice Thinking About Sentencing Recommendation System

Posted on:2014-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:J ShenFull Text:PDF
GTID:2296330467465193Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Attorney sentencing practice in the proposed system is a new thing, although itproduced the prototype of the historic prosecution system, but it has its own history isnot long, the first since2005, the term was frequently seen in the prosecutorialpractices medium. For sentencing whether the presence of the proposed system isrational debate has been talked about for the judicial practitioners, supporters andopponents of Being persistent. The full text of five parts, about25,000words.The first part of the sentencing recommendations summarized the concept andestablished background. The prosecution sentencing recommendation system for theeffective exercise of the functions of public prosecution implemented gradually up, ispart of procuratorial reform, this paper analyzes a certain place nearly two yearsjob-related crimes as reflected in sync review a set of data, which summed up,sentencing recommendation system is mainly generated background highlightedjudicial activities in sentencing and sentencing Mitigation imbalancesThe second part describes the theoretical basis of the proposed system sentencingand realistic basis. On the one hand of punishment, the establishment of publicprosecution, the Supreme People’s Procuratorate, the Supreme People’s Courtnormative documents, the development requirements of the rule of law, human rightsprotection and so is the idea of a system of sentencing recommendations provide asolid theoretical foundation; hand it realistic basis is mainly reflected in two aspects,one is the basic temper justice with mercy criminal policy, the second is the actualneeds of justice.The third part of the scope of the case for sentencing recommendations. Forsentencing recommendation should apply to certain types of cases or certaincategories of cases, the problem is the prosecutorial practice remains controversialissues, this paper analyzes several different points of view and put forward their ownviews.The fourth part of the sentencing recommendations. This section is the focus ofthe article is mainly explained the sentencing recommendations need to adhere to theprinciples of sentencing recommendations of specific methods, sentencingrecommendations of the internal approval procedures, sentencing recommendationsput forward manner, timing and sentencing of the proposed system in the trialprogram apply. The fifth part, the status of the implementation of the sentencing of the proposed system and its sound and perfect. Summary and analysis of the sentencing recommendation system encountered in the actual implementation of many practical problems, especially in the early stages of the implementation of the system, even against the regime does not reflect the original intention of the establishment of the situation is real, according to a summary and analysis of this situation, this article on how to improve and perfect the existing system of sentencing recommendations made by thinking.
Keywords/Search Tags:Court, People’s Procuratorate, Sentencing recommendations, Sentencing, Penalty
PDF Full Text Request
Related items