Dissertation > Excellent graduate degree dissertation topics show

Procuratorial right

Author: ShiLiLi
Tutor: WangHaiYan
School: China University of Political Science
Course: Legal
Keywords: Sentencing recommendation right Sentencing discretion Suggestions for Improvement
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 89
Quote: 0
Read: Download Dissertation

Abstract


Unfair sentencing, sentencing imbalance problem does exist in China's judicial practice, and year by year fore, these issues not only damage the legitimate rights and interests of the defendant, caused by the defendant's dissatisfaction, but also into the public view, had aroused public judicial just questioned. Therefore, the goal of the establishment of the rule of law society under the guidance of the administration of justice proposed higher standards, requires not only convicted of justice also requires the sentencing of justice; requires not only the result of the fair, but also requirements of procedural fairness. In recent years, the nationwide standardization of sentencing reform and sentencing procedures reform push forward in an orderly way, and made many important achievements. Sentencing right to make recommendations as an important part of the reform of the sentencing process, prosecutors, sentencing the defendant to participate in the program, both the confrontation mechanisms introduced into the sentencing process, and the prosecution in advance intervention oversight activities of sentencing, the sentencing process is open , transparency, will help protect the fairness of the sentencing. The procuratorial organ from four aspects sentencing recommendation right: first part of sentencing recommendations outlined. According to the newly enacted regulatory documents and procedural law theory, introduced sentencing recommendation right concept and legal positioning and sentencing recommendations right value. The content is the theoretical basis for the establishment and development of the sentencing recommendation right. The second part of the sentencing recommendation right extraterritorial investigated. Space is limited, this section just make a brief presentation of the the Two Legal representative national sentencing recommendation rights system, through a comparative analysis to investigate the background of China's implementation of the sentencing recommendation. The third part, China Sentencing the right to make recommendations. That part of the focus of this article to explore, mainly from two aspects of the status quo and perfect. First, in the current situation described in part, the author, according to a survey of the literature retrieval Procuratorate during the internship, summed up of sentencing recommendations right in the practical results of the pilot since; issued in October 2010 by a careful reading \views (Trial) \Second, improve the recommendations section, the author from the establishment of the principle rules of refinement and perfection of the system of the supplement, supporting the judiciary enthusiasm to improve four areas humble opinion. Part IV summarizes. Concludes the paper, the results of the pilot pointed out that the right to sentencing recommendations, but does not evade the problems, and confident in the Implementation of the the sentencing recommendation rights under the rule of law environment better.

Related Dissertations

  1. People Supervisor supervision effectiveness research,D926
  2. On Improvement of Public Surveillance,D924.1
  3. Study on the Prohibition of Competition in China 's trade secret protection,D922.294
  4. Criminal Reconciliation System exploration,D925.2
  5. ILO social insurance on the crew of the relevant provisions and Countermeasures,D996
  6. On the \,D996.1
  7. Car loan guarantee insurance contract research,D922.284
  8. On the Exit of Private Equity Fund and Case Study,F832.51
  9. Legal Issues of e-commerce taxation of,F812.42
  10. \,D923.2
  11. On Jury Perfection,D926.2
  12. Dilemma and Outlet of illegal evidence exclusion rules applicable,D925.2
  13. China's housing fund system Legal Issues,F293.3
  14. On the System of China's securities investment consulting Defects and Perfection,F832.51
  15. A Comparative Study on Island Legal System of China’s Neighboring Countries,D993.5
  16. The Study on Tax Return Defect Amendment System,F812.42
  17. On the Chinese Incentive System of Competitive Sports,G812.3
  18. New Theory of discretionary sentencing,D924.13
  19. Study on the Application of Fair Value in Financial Derivatives,F233
  20. Study of the Trust Property Registration System,D922.282

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile