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Sentencing Recommendations for the Construction of the System of the Rational Thinking

Author: LiuZhaoDong
Tutor: HuYaQiu
School: Suzhou University
Course: Legal
Keywords: Sentencing balanced procedures rational building
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 47
Quote: 1
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Abstract


To realize the need to be independent equilibrium sentencing procedure guarantee shall be according to the judicial, more public philosophy to the constructing proper procedures, shaping DuoFang participation, public debate, the filling of reasoning method the court mode. At present in our country and the problems in legislation is there is no provision of sentencing program, specially in the practice court debate, without the sentencing survey sentencing results forming process transparency is not high, the lack of sufficient reasons things out the decision after such shortcomings, and finally result in sentencing imbalance of common occurance, causing people to adapt to legally principles and justice could realize anxiety. And procuratorial organs put forward Suggestions for DuoFang participate in the sentencing and open debate with moment, virtually forced a judge ruled the criminal punishment sentencing recommendations to the adoption of filling analysis on reasons things out or not. And from the effect of judicial practice, the system can see sentencing recommendations in sentencing balanced play to promote and advance restriction role afterwards.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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