Sentencing Recommendations System Research

The study of sentencing recommendations system can not only to "cliche can become", "and" insight. Are the stereotype "because" from 1999 Beijing dongcheng district people's procuratorate trial court prosecutors "published since sentencing recommendations" sentencing recommendations, the research has been 10 years history, by 2008, the nation more than 30 provinces (autonomous regions, and municipalities directly under the central government) the procuratorial organs are in different degrees in the reform, the suggestion is to emerge during the BeiLunOu ningbo city, jiangsu changzhou procuratorates as a representative of more outstanding pilot unit sentencing recommendations. Can say, after more than 10 years, practice and exploration, whether in theory and practice, the research system of sentencing recommendations have been considerable size.But to become "insight" because of the long sentencing recommendations practical results are fragmented, how to regulate, unified sentencing recommendations system is imminent. 2010 is sentencing recommendations in light of the year, the system of the supreme people's court, the supreme people's procuratorate, ministry of public security and state security, justice successively individually or jointly issued more normative documents, to construct the sentencing procedures for public way, to regulate the sentencing method for further.it entity, actively promote the "standard discretion in court, sentencing the program" judicial reform. As the sentencing recommendations system is an important content of the reform of the judicial system, also is in the nationwide comprehensive implementation. In this particular period, in-depth study of the suggestion system, timely summary results, analysis, and puts forward countermeasures, undoubtedly more practical significance. This view is not limited, "cliche, but there is" only "insight", through a lot of study, the research achievements, and on the basis of the development status of sentencing recommendations, and existing problems, and reading for many years of work experience, public itself to improve the system of suggestion about the superficial and ideas, looking for sentencing recommendations to the research and development system as a meagre strength.This chapter 12 were divided into four around on the procuratorial organs, the practice and interpretation of normative documents, this paper discusses the procuratorial organs sentencing recommendations of development and perfect system of mechanism. The first chapter reviews the prauratorial organ of practice, the suggestion to the theoretical system of sentencing recommendations for further research and development of long-term to controversial sentencing JianYiQuan summarize the concept, nature, introduced in ningbo beilun, jiangsu changzhou represented sentencing recommendations outstanding pilot mode, and mainly introduces the author of zhejiang QuZhouShi sentencing recommendations. This is the second chapter to 2010 of the two new normative documents, the two files interpretation of not only the standard sentencing recommendations put forward, scope, procedures for change etc, also the detailed issues, thus for sentencing trial procedure sentencing recommendations system in a nationwide implementation, and laid a good foundation for innovation, extremely, standardization and practicality. This is the third chapter of Anglo-American law, continental law system country sentencing recommendations representative JieJianXing system research, refining sentencing recommendations general rules of the system, and based on that, "the Italian German punishment pleading, rapid mode of the summary procedure; in case of the Japanese in court, tell 'procedure, and put forward a concrete debate sentencing recommendations" point of view.This is the fourth chapter of this key, is based on the practice of public prosecution for thinking, covers the perfect sentencing recommendations legislation system, regulating the entity according to the suggestion with evidence, constructing the system of suggestion by three aspects, mechanism and perfect realization "sentencing justice, safeguard the rights and interests sentencing legislation" for the concept, put forward the suggestion of legal status, physical basis, the standard operation sentencing recommendations of legislation, According to the analysis of practical problems, discretionary circumstances, proposes the principles, contents contains forensic subjects; And on this basis, the author put forward the discovery system and safeguard system mechanism of the victim.