Research On Sentencing Right To Make Recommendations

Sentencing the proposed system is very well developed in foreign countries, has a long history, our institutional strengths, in the administration of justice is the practice of playing a proper role in sentencing the proposed system Two Schools of countries have different requirements, but the same factors, the formation of Anglo-American Two Schools of the pattern of different systems, but has its own reasonable theory to support its sentencing recommendation of the right to judicial practice, the sentencing of Two Schools of the proposed system a great deal of comparative study will certainly have a lot of gains. Moreover, China's sentencing of the relatively late to carry out the proposed system, the sentencing recommendations of the right to understand and research is relatively backward, did not play a role in sentencing the proposed system should have. As the foreign judicial practice has proven regime for sentencing right to make recommendations to strengthen judicial supervision, the promotion of an open sentence, improve the quality of prosecution to protect the legitimate rights and interests of the accused has a huge role, so that will be conducive to fair and effective criminal proceedings carried out smoothly, there are conducive to social fairness and justice of the maintenance and restoration, so the right to study the proposed penalty is significant. This paper attempts to right to make recommendations on sentencing to make some valuable explorations rich in legal theory to guide the practice of criminal justice, this article consists of four chapters, the first chapter describes the concept of the right sentencing recommendation and basic theoretical knowledge, outline the proposed sentencing system, the general framework of the right to, so that the reader right to make recommendations on sentencing, if the formation of an initial understanding of the basic knowledge of culture and cognition; The second chapter describes the proposed system Two Schools of the sentence and do a simple comparison of the purpose of sentencing recommendation by the right of Two Schools of national research and comparison to detect its advanced systems and the rational theory, composition, and absorbed into China's sentencing the proposed system in an effort to enrich our country's relevant theory to guide our country's right to make recommendations to the judicial practice of sentencing; The third chapter describes the right of our sentencing system, the status of the proposed and existing problems, certainly past achievements, but more important is that problems are identified, because only identify problems in order to solve the problem, this section is to find problems for the direction to solve the problem; Chapter IV, according to China's sentencing recommendation of the right problems, put forward a sound advice on the sentencing recommendation from the legislative front, procedural law, plane, and the supporting measures and the quality of personnel, including sentencing recommendations of the main body, time, phase, scope, type, approach and binding effect of the content of some ideas, try to make our power system tends to improve the sentencing recommendation. In short, the sentencing recommendation right is the right of public prosecution shall have the right to place empowerment, with a profound theoretical basis and a tremendous practical role in sentencing right to make recommendations to the full realization of substantive justice and procedural justice; can greatly to achieve the economic and judicial proceedings and, therefore, under the the right to make great efforts to study the proposed penalty is necessary.