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Sentencing proposed system research

Author: HuangJinJing
Tutor: HongDaoDe
School: China University of Political Science
Course: Procedural Law
Keywords: Sentencing recommendations Right of Public Prosecution System Construction
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 316
Quote: 1
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Abstract

The premise of the proposed system build Sentencing is given the right to make recommendations of the Sentencing. Sentencing right to make recommendations to the Public Prosecution in the criminal activities, according to the legal procedures, request the People's Court on the defendant the power to impose specific penalties. Sentencing recommendations rights is not a new power, and part of it belongs to the right of prosecution does not have the finality effective only binding force in the program, essentially sentencing recommendation right is a right to legal supervision. In our country, to build a sentencing recommendation system its feasibility, but also necessary. The former represents the operating space left to build the system for the current law, the current trial methods also provide the impetus and opportunity to build the system, to build the system to comply with a series Criminal principle; latter performance sentencing recommendations for building The system will promote the Criminal Sentencing activities fairness, efficiency and protection of human rights. In the field of foreign criminal justice, sentencing recommendation system showing a different form. The common practice of the Anglo-American countries separate conviction procedure and sentencing procedures, the sentencing recommendations proposed main different sentencing recommendations in the sentencing process, not necessarily prosecutors: no sentencing recommendation, prosecutors in the United Kingdom, and prosecutors were asked to to maintain a neutral stance in the sentencing, sentencing usually by legal officials in the sentencing report; in the United States, the prosecutor has the right to a sentencing recommendation, especially in the plea bargaining procedures in the ordinary procedure, prosecutors can conduct Overall, the role played by the U.S. prosecutor in the sentencing issue is much larger than the causal sentencing recommendation. In civil law countries almost have adopted the conviction and sentencing of a hybrid program basically admit the necessity of the the prosecutors sentencing recommendation system exist, in some countries there is no clear legal system of sentencing recommendations but in practice the system had been in existence, such as Germany; some countries it is clear in the Code of the system, such as Russia and Japan. The combined lawsuit principle as well as foreign practice, put forward their own views: sentencing recommendation the exercise of the right of the main author of the building of the Sentencing proposed system should the prosecution to individuals; sentencing recommendations should be proposed, in order to solve the prosecution that the course of the trial require amendments to the sentencing recommendation, the author puts forward two program approaches - Evidence Discovery System, and sentencing recommendations to change procedures; sentencing recommendation shall be in writing and take a different approach for different charges recommended. I concluded that the sentencing recommendation system as the part of the criminal justice reform should be gradual, steadily-advancing.

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