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China's Procuratorial Organs Sentencing Supervision System Research

Posted on:2017-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y PanFull Text:PDF
GTID:2336330503971477Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our country, the procuratorial organs,as the mission of national legal supervision organs in the regulation of the constitution and the law,is the prosecution system with Chinese characteristics.The procuratorial organ has both functions of public prosecution and legal supervision, the exercise of the sentencing supervision is not in conflict with the exercise of the right of public prosecution, will not affect the independence of the court. Therefore, the socialism with Chinese characteristics of procuratorial system, to safeguard judicial justice and protect human rights and promote social harmony has important significanceBut in practice, our country's procuratorial organs sentencing supervision system but there are a lot of problems. Internal appraisal system makes in sentencing supervision by procuratorial organs concerned, and the court monopoly on sentencing activity also makes the procuratorial organ to sentencing supervision. This will decrease the effectiveness of procuratorial organs sentencing supervision. Investigate its reason, in addition to imperfect legislation, and the idea of procuratorial organs inherent problems, the traditional heavy conviction, light sentencing idea and judicial routine instrumental values has not eradicated from the procuratorial organs of the brain. Therefore, consummates our country procuratorial organs sentencing supervision system is of great significance.Perfect the system of procuratorial organs sentencing supervision in our country mainly from the following several aspects: first, to establish China's procuratorial organs sentencing supervision entity standards; Second, reform the sentencing process;Improve the system of sentencing suggestion; Finally, introducing the type of case supervision, procuratorial organs rich sentencing supervision means. Hope through this way, we can improve sentencing supervision and procuratorial organs, realize social fairness and justice, then to build a socialist rule of law society.
Keywords/Search Tags:Legal Supervision, Sentencing Supervision, Prosecutorial Polwer, Procuratorial organs
PDF Full Text Request
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