检察机关量刑建议研究
发布时间：2018-07-16 22:54
【摘要】：检察机关量刑建议源于起诉权中的量刑请求权,量刑请求权作为国家赋予检察院的一项权能,需要通过一定的形式表现出来,其表现形式之一就是量刑建议。我国引进量刑建议制度,旨在规范法官的自由裁量权,改变我国刑事诉讼中长期存在的重定罪,轻量刑,法官量刑过程封闭的弊端,优化我国的公诉制度,保障与审判结果有关的其他诉讼当事人行使参与量刑程序的权利,提高诉讼效率。本文主要分六个部分。第一部分是对量刑建议的域外考察,对英美法系和大陆法系国家开展量刑建议的情况作了比较详细的介绍,并对两大法系国家量刑建议制度融合后出现的混合型诉讼模式国家的量刑建议制度作了介绍；在此基础上,分析了上述国家开展量刑制度存在的异同及成因,希望从中找到适合我国国情的经验作为借鉴。第二部分对我国开展开展量刑建议的时代背景及发展历程作了简要介绍,以期从宏观上把握我国开展量刑建议的必要性,了解量刑建议在我国探索的过程,深刻理解现阶段我国量刑建议运行机制的形成过程。第三部分介绍了实践量刑建议的意义,从四个方面阐释了量刑建议存在的主要价值,让我们充分认识实践好量刑建议工作的重要意义。第四部分从六个方面对我国当前量刑建议运行机制做了详细介绍,分析了当前我国选择上述机制的原因及实践中的具体做法,以便我们对我国当前运行的量刑建议机制有个全面的了解。第五部分全面总结了当前我国量刑建议运行过程中存在的主要问题,找准了今后开展量刑建议工作的方向。第六部分对今后开展好量刑建议工作提出具体对策,就如何完善我国量刑建议制度,使量刑建议运行机制正常运转,提出了切实可行的方法,并重申我国现阶段不适宜将定罪程序与量刑程序完全割裂开,我国开展量刑建议工作要结合我国实际,不能盲目照搬。
[Abstract]:The sentencing suggestion of procuratorial organ originates from the right of request for sentencing in the right of prosecution. As a power given by the state to the procuratorate, it needs to be manifested in a certain form, one of which is sentencing suggestion. In order to standardize the discretion of the judge, to change the long-standing malpractice of heavy conviction, light sentencing and the closed process of sentencing, the system of public prosecution is optimized in our country. To protect other litigants related to the outcome of the trial to exercise the right to participate in the sentencing procedure and to improve the efficiency of the proceedings. This paper is divided into six parts. The first part is the extraterritorial investigation of sentencing recommendations, the common law system and civil law countries to carry out sentencing recommendations made a more detailed introduction, It also introduces the sentencing suggestion system of the countries with mixed litigation model after the combination of sentencing suggestion system in the two legal system countries, and analyzes the similarities and differences of the sentencing system in the above countries and its causes. I hope to find the experience suitable for our national conditions as a reference. The second part gives a brief introduction to the background and development of sentencing recommendations in China, in order to grasp the necessity of carrying out sentencing recommendations from a macro point of view, and to understand the process of exploring sentencing recommendations in China. Deeply understand the formation process of the operating mechanism of sentencing suggestion in China at this stage. The third part introduces the significance of practical sentencing advice, explains the main value of sentencing recommendations from four aspects, let us fully understand the significance of the practice of sentencing recommendations. The fourth part makes a detailed introduction to the current mechanism of sentencing suggestion from six aspects, and analyzes the reasons for the choice of the above mechanism and the specific practices in practice. So that we have a comprehensive understanding of our current operation of sentencing recommendations mechanism. The fifth part summarizes the main problems existing in the process of sentencing suggestion in our country, and finds out the direction of developing sentencing suggestion in the future. The sixth part puts forward the concrete countermeasure to carry out the sentencing suggestion work in the future, and puts forward the feasible method on how to perfect the sentencing suggestion system of our country and make the mechanism of sentencing suggestion run normally. The author also reiterates that it is not appropriate for our country to separate the conviction procedure from the sentencing procedure at the present stage, so we should combine the practice of our country with our country's sentencing suggestion work and should not blindly copy it.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2;D926.3
，
本文编号：2127928
[Abstract]:The sentencing suggestion of procuratorial organ originates from the right of request for sentencing in the right of prosecution. As a power given by the state to the procuratorate, it needs to be manifested in a certain form, one of which is sentencing suggestion. In order to standardize the discretion of the judge, to change the long-standing malpractice of heavy conviction, light sentencing and the closed process of sentencing, the system of public prosecution is optimized in our country. To protect other litigants related to the outcome of the trial to exercise the right to participate in the sentencing procedure and to improve the efficiency of the proceedings. This paper is divided into six parts. The first part is the extraterritorial investigation of sentencing recommendations, the common law system and civil law countries to carry out sentencing recommendations made a more detailed introduction, It also introduces the sentencing suggestion system of the countries with mixed litigation model after the combination of sentencing suggestion system in the two legal system countries, and analyzes the similarities and differences of the sentencing system in the above countries and its causes. I hope to find the experience suitable for our national conditions as a reference. The second part gives a brief introduction to the background and development of sentencing recommendations in China, in order to grasp the necessity of carrying out sentencing recommendations from a macro point of view, and to understand the process of exploring sentencing recommendations in China. Deeply understand the formation process of the operating mechanism of sentencing suggestion in China at this stage. The third part introduces the significance of practical sentencing advice, explains the main value of sentencing recommendations from four aspects, let us fully understand the significance of the practice of sentencing recommendations. The fourth part makes a detailed introduction to the current mechanism of sentencing suggestion from six aspects, and analyzes the reasons for the choice of the above mechanism and the specific practices in practice. So that we have a comprehensive understanding of our current operation of sentencing recommendations mechanism. The fifth part summarizes the main problems existing in the process of sentencing suggestion in our country, and finds out the direction of developing sentencing suggestion in the future. The sixth part puts forward the concrete countermeasure to carry out the sentencing suggestion work in the future, and puts forward the feasible method on how to perfect the sentencing suggestion system of our country and make the mechanism of sentencing suggestion run normally. The author also reiterates that it is not appropriate for our country to separate the conviction procedure from the sentencing procedure at the present stage, so we should combine the practice of our country with our country's sentencing suggestion work and should not blindly copy it.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2;D926.3
，
本文编号：2127928
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