Research On The System Of Sentencing Proposal

Criminal laws of many countries have enacted the system of sentencing proposal . Though it is restricted by circumstance of each country , the law of the system of sentencing proposal still can be discovered . Combined with the relative procedure system , it plays the important role in the justice practice . The chief meaning on substantive aim of the power of public prosecution is to implement state's punishment power , which is based on the power of asking punishment. The power of public prosecution embodies the right of action regulated by state' punishment policy . So the sentencing proposal power is contained in it in nature . Also the power of sentencing proposal follows the principle of procedure participation and open procedure .The content of sentencing proposal offer an advice for judge's sentencing , which benefits for substantive fair involved in sentencing . It confined the discretion of judge ,thus sentencing proposal make procedure more precise and help to establish the fair procedure.It is indispensable that the system of sentencing proposal is set up in Criminal Procedure Law of China . We will follow some principles , correctly manage each detail, and harmonize the system of sentencing proposal with other when design it.