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Research On Sentencing Recommendations Of Procuratorial Organs

Posted on:2015-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2296330467999504Subject:Law
Abstract/Summary:PDF Full Text Request
After more than ten years of further exploration of judicial reform, the procuratorial sentencing proposal system has entered a new stage of development. The power of sentencing proposal, which explicitly asks about specific penalty shall be made according to the defendant crimes in addition to conviction, is a part of the right of the public prosecution in procuratorial organ. The sentencing proposal system is an important measure to improve China’s criminal procedure, for restricting the discretion of judges, which is of great significance to protect legal rights of the defendants. In2010September,"About Some Problems of Standardization of Sentencing Procedures (for Trial Implementation)" was issued jointly by the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, marking the sentencing proposal system has already begun to explore the legislative level. However, there are a lot of controversies in theory and judicial practice, although many departments have tried their best. At the same time, it is so wonderful that the work of sentencing proposal was carried out in public prosecution departments in the procuratorate where I work for, obtaining certain development except some problems, and we has established a set of relatively complete sentencing proposal procedure after more than three years’practice. This thesis, first of all, starting from the basic theory, tends to discuss the nature of the rights of sentencing proposal, its characteristics and classification problems based on the summary and analysis of the sentencing practice in my work for three years. Secondly, to investigate whether sentencing proposal is a right which belongs to procuratorial organ, and the importance of the power of sentencing proposal in the criminal procedure in china. Thirdly, to study and discuss the the sentencing proposal system formed in the procuratorate where I work for during the past three years’practice. Fourthly, to analyze the defects existing in the practice of sentencing proposal program design. Finally, to make some suggestions for improving the practice of procuratorial sentencing proposal system in the procuratorate where I work for.
Keywords/Search Tags:sentencing proposal, effects, program design, problems, thinking for improving
PDF Full Text Request
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