检察机关求刑权问题研究-诉讼法学专业论文.docxVIP

察机关的求刑权及检察机关行使求刑权的原则、求刑适用的案件范围、求刑的方 察机关的求刑权及检察机关行使求刑权的原则、求刑适用的案件范围、求刑的方 式、求刑的时间、求刑的步骤和求刑对法庭的合理制约以及对检察机关求刑权的 制约。 关键词：检察机关：求刑权：定罪：量刑 II AbstractThe Abstract The power of procuratorial organs to suggesting sentence is the lower level power ofright ofprosecution，at the same time，it is contained by right ofprosecution， The power of procuratorial organs to suggesting sentence is these powers of procuratorial organs，including the execution of grade administer in criminal lawsuit， suggestion about applying simple and easy course and raising concrete conviction and condemnation of defendants to courts．The power of procuratorial organs to suggesting sentence has these natural characters：specially belonging to procuratorial organs，investigating time，course，judicature rest，lawful and supervision of law, As the prosecutor in criminal lawsuit，procuratorial organs can realize the aim and task of prosecution when the power of procuratorial organs to suggesting sentence is provided in interrelated laws．Contemporary criminal lawsuit structure decides that procuratorial organs should have the power to suggesting sentence．The theory that powers should be restricted demands that procuratorial organs must have the power to suggesting sentence．In order to executing supervision of law,our country’s procuratorial organs have to possess the power to suggesting sentence．Laws endow procuratorial organs with the power to suggesting sentence will be beneficial to safeguarding the uniformity of legal system；realizing formal justice；rationally restricting and supervising free judgment of judges；realizing judicial justice； defendants making full use of right to defence；rasing lawsuit efficiency；saving judicature resources；increasing judicial transparent degree so as to strengthen people’s confidence in judicature． Many countries of the world employ the system of the power to suggesting sentence．Some counties set clearly procuratorial organs’power to suggesting sentence in interrelated laws；Some c