The Analysis Of The Sentencing Recommendation System In Procuratorate Office

Equity and justice are the loftiest human ideals. The question of justice has been criticized by the community. The realization of justice needs the dual protection of both the procedural justice and the substantive justice. In criminal litigation activity, it's important for the litigation procedural justice to realize the meanings of the substantive justice. While criminal convictions and sentencing criterions have always been the two major tasks for criminal litigation, it should also achieve the justice of both criminal convictions and sentencing criterions. Sentencing criterions, on a level of thinking in the law, can be expressed as a legal operation including cognition, psychology, logic and many other elements. Generally speaking, the main task of sentencing criterions lies on the selection of criminal species and the confirmation of specific sentencing under the penalty rate. Sentencing recommendations are an organic part of the Criminal Justice System, and it is an important guarantee to achieve sentencing justice. Also Sentencing recommendations have a significant meaning to prevent abuse of its discretion, to ensure sentencing justice, and to improve the efficiency of criminal proceedings. Most countries on the world establish the Sentencing Recommendation System in the legislative or judicial activity. In criminal justice practice of various countries, sentencing recommendations put forward by the prosecutors in the criminal justice processes, are used most widely and frequently, so this paper will focus on the Prosecutors Sentencing Recommendation Criterion System. Prosecutor's Sentencing Recommendation is a recommendation that the Prosecutors, according to the applicable penalty types, extent and means of implementation, put forward to prosecute the accused in the court. In our country the prosecution's constitutional position is legal supervision, and the core of Prosecutorial Power is the right of public prosecution, which includes the right to conviction claim and sentencing claim. Sentencing Recommendation is an important part of Public Prosecution rights, is the proper meaning of public prosecution, and there is no legal obstacles. Sentence Recommendations can promote to fully perform the Public Prosecution rights, realize the function of legal supervision and to promote judicial institution correct applicable law and justice. Pushing the Sentence Recommendations System would have a great effect on our existing criminal litigation system.