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On The Application Of Sentencing Recommendations Of Procuratorial Organs From The Perspective Of Standardization Of Sentencing

Posted on:2020-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:L J BianFull Text:PDF
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The sentencing suggestion is not only one of the functions of the procuratorial organ to perform the right of public prosecution,but also an important measure to play the role of legal supervision and prevent the judges from abusing the discretion.It implicates the effect of restricting the discretion of judges,promoting the science of punishment and sentencing,and ensuring the fairness and transparency of sentencing.In recent years,under the critical background of the standardized reform of sentencing,it is much more necessary and urgent to improve the sentencing suggestion system of the procuratorial organs.The author collected some ideas in the process of the procuratorate's work,and at the same time reads large amounts of relevant materials and books,as well as puts forward the views on the improvement of the sentencing suggestion system of the procuratorate under the standardization of sentencing.Specifically speaking,the paper can be divided into five parts: First,it introduces the connotation and historical evolution of sentencing recommendations,including the concept,characteristics,origin,development process of sentencing recommendations and the status quo in recent judicial reforms;Then,the author stated the application status of the sentencing recommendations of the procuratorate under the standardization of sentencing,including the scope and standards of sentencing recommendations,the prosecution's tracking of sentencing recommendations,and the status of application of sentencing recommendations;The analysis of the status quo aims at finding the true problem.The author summed up the application of sentencing recommendations in China's procuratorial organs from the perspective of sentencing standardization combining his own practice in the procuratorate and a large number of theoretical studies,namely following points: The scope of the proposed sentence is not uniform,the scope of application is not wide enough,the accuracy needs to be improved,the standard lacks unity,the effectiveness is insufficient,and the adoption rate of judicial practice needs to be improved,too.On the basis of discovering the problem,the author summarizes the reasons for the many problems caused by the sentencing suggestion.Next,an empirical analysis of the sentencing recommendations outside the domain was conducted.The standardized legal order system of the civil law system and the standardized consultation system of the Anglo-American legal system comprehensively analyze the similarities and differences between the sentencing recommendations of the two major legal systems,and also summarize the advantages and referential significance of the standardized sentencing recommendations.The last part can also be deemed as the focus of this paper,that is,the improvement of the sentencing suggestion system of the procuratorate under the vision of sentencing standardization.From the perspective of the three levels of the standardization of sentencing,the procuratorial organ's sentencing suggestion system is proposed.Namely following aspects: Concerning the standardization of the content of sentencing recommendations,it is necessary to change the concept of handling cases,improve relevant legal provisions,increase the proportion of recommendations for determining sentences,and prosecutors actively perform their functions;In terms of the statutory validity of the sentencing recommendations,it is necessary to legalize the effectiveness of the prosecution's sentencing recommendations,improve the supporting system,and strengthen the supervision of sentencing recommendations;From the perspective of the integration of the procuratorial organ's sentencing recommendations,it is necessary to increase the participation of lawyers,use the wisdom to handle cases in the context of the new era of science and technology,and build a standardized sentencing procedure.
Keywords/Search Tags:Sentencing standardization, Sentencing suggestion, Effectiveness, Improvement
PDF Full Text Request
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