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Research on the Power to Sentencing Recommendations of Prosecution

Author: SunJun
Tutor: LiuZhongWei
School: Shandong University
Course: Legal
Keywords: procuratorate sentencing recommendations the power to sentencing recommendations the power to indictment Criminal suit
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 342
Quote: 6
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Abstract


As the just idea of the procedure is rooted in the hearts of the people day by day, the question of the judicial process causes the close attention of circle of theory, practice circle and even the whole society gradually, mostly the questions of judicial processes are breakthrough points of the flourishing judicial reform in recent years, pursuing the goal of the justice. The procurator organ launches and tries the system sentencing recommendations is put forward under the great background of this judicial reform. Since April of 1999,the people’s procuratorate of Dongcheng District, Beijing had taken the lead in implementing the system of sentencing recommendations in the whole country, and the Supreme People’s Procuratorate had proposed the implementation suggestion of pilot work in sentencing recommendations of people’s procuratorate by July of 2005,proposing a great hot contents that the system reforms as the criminal contentious procedure in sentencing recommendations, being planted in the soil of the culture governed by law of China the strong vitality under the active promotion of the circle of theory and practice circle, and demonstrate flourishing life and vigor more and more.Under the premise of pursuing "justice and efficiency", in recent years, the procuratorates actively explore and try the practice of making sentencing recommendations in court. To open the question of sentencing will also provide a reference for the sentencing of judges, increase the transparency of sentencing procedures and the predictability of the sentences, and protect the fairness of sentencing. The author first defines the concept and attribute of the power to sentencing recommendations, and analyze the theoretical basis, practical basis and values of sentencing recommendation system, then believe that sentencing recommendation system is an effective means of complying with the requirements of suit principles, realising the principle of separating the complaint and the trial and strengthening the trial supervision. Secondly, the author investigates extra-territorial sentencing recommendation system. Through the comparative study of the power to sentencing recommendations of representative countries of two law system, the author tries to sum up the general operation rules of sentencing recommendation system, then to provide some inspiration and reference for the construction of China’s sentencing recommendations system. Once again, the author investigates the practice status of China’s sentencing recommendations. Because there are no express provisions about sentencing recommendations in China’s existing Code of Criminal Procedure, the discretionary power of judges is excessive, which leads to opaque sentencing, low rate of court ruling, appeal functions of the procuratorates can not be exercised effectively. At present, some of the grass-roots procuratorates are carrying on pilot work for sentencing recommendations and some have achieved good results. Finally, the author put forward a tentative plan to build the system of sentencing recommendations in our country. It includes the following three aspects:establishment of the legal status, design of specific framework and construction of matching measures and systems. Due to the lack of information on-hand, and the limited knowledge of the author, there are likely many immature views in this paper. Please give me as much criticism as possible. Thank you, my teachers and readers.

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