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Research on Sentencing Right to Make Recommendations

Author: ZhangWeiLong
Tutor: FengJun
School: Hebei University
Course: Procedural Law
Keywords: Sentencing recommendations The right to sentencing recommendations Sentencing recommendation system
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 38
Quote: 0
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Abstract


A sentencing recommendation system is very well developed in foreign countries, has a long history, system improvement in the administration of justice plays its due role in practice, countries in the two legal systems have different requirements on the sentencing recommendation system, but the same factors, the formation of the Anglo-American Two Schools The pattern of the different systems, but has its own reasonable theory to support their right to judicial practice of sentencing recommendations, A Comparative Study of Two Schools sentencing recommendation system there will be a lot of harvest. Moreover, China's sentencing recommendation system to carry out relatively late, the sentencing recommendation right understanding and backward, did not play a sentencing recommendation system should have a role. Foreign judicial practice has proved the sentencing recommendation right system for to strengthen trial supervision, promote sentencing disclosure, improve the quality of public prosecution, to protect the legitimate rights and interests of the defendant has a huge role, thus facilitating fair and effective criminal proceedings smoothly, conducive to the maintenance and restoration of social fairness and justice, so the study is significant for sentencing recommendations rights. This paper attempts some valuable exploration rights to sentencing recommendations to enrich legal theory to guide the practice of criminal justice, this article is divided into four chapters, the first chapter introduces the concept of sentencing recommendations rights and basic theoretical knowledge, and sketched out the the sentencing recommendation right system general framework that enables the reader to form a preliminary understand and strengthen the basic knowledge of the culture and cognition: The second chapter describes the sentencing of the two legal systems of the proposed system of sentencing recommendations rights, and to do a simple comparison of the purpose of sentencing recommendations by the countries in the two legal systems the right to study and compare to find its advanced systems and the rational theory of composition and absorbed into our sentencing recommendation system to enrich our theory, the guidance of the right to judicial practice of sentencing recommendations; third chapter describes China's sentencing recommend the right system status and existing problems, certainly the achievements of the past, but more importantly, to find the problem, only to find the problem in order to solve the problem, this section is found to solve the problem specified direction: Chapter According to China's sentencing the problems of the right to make recommendations, put forward a sound advice on sentencing recommendations from the legislative front, the face of procedural law, the supporting system of measures and the quality of personnel, including sentencing recommendations put forward the content of the subject, time, phase, range, types, methods, and binding some ideas to try to make our sentencing recommendation right system tends to improve. In short, the right to sentencing recommendations is the Right of Public Prosecution shall have the right to be able to power has profound theoretical basis and a huge role in practice, the right to sentencing recommendations to the full realization of substantive justice and procedural justice; greatly litigation economic and judicial efficiency, so the next make great efforts to sentencing recommendations of the research is necessary.

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