Perfect Our Country Sentencing Recommendations System Thinking

February 2010, Supreme People's Procuratorate on the basis of summing up the experience of the pilot, the issuance of the "People's Procuratorate guidance to carry out the work of Sentencing (Trial)", September 2010, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security Ministry of Justice, "Some Issues on Regulating the views of the sentencing process (Trial)", marking the initial creation of the proposed system of sentencing. The author intends the sentencing aspects of the proposed system theory and practice of superficial issues to sentencing on the proposed system of gradual improvement and overall benefit building.Sentencing the proposed system, is the prosecution in criminal proceedings, prosecutors on behalf of the prosecution of the accused should be in a particular sentence, that is what Xing Ming, sentence, fine amount, means of implementation and other specific requirements to the court to exercise sentenced to power system. Sentencing the core of the proposed system is "the right to sentencing recommendations." Right as the public prosecution sentencing recommendation as part of a fundamental right that the penalty from the state, because the right to rely on penalty of prosecution arising from the right. "Sentencing recommendation right" exercise is a public right of use of the performance of precision, it can break down the penalty function, penalty function for the exact implementation. This is a sentencing recommendation the most basic right of existence of the theoretical basis.Sentencing the proposed system produced in the West in modern times, is the rule of law more generally adopted a basic system of justice. Common law countries, the conviction and sentence as two separate programs are completely separate, in the sentencing hearing, the prosecution and the defense may fully express their views on sentencing issues, prosecutors recommended sentencing system is the core of the United States Sentencing part of the proposed system; mainland law of the sentencing recommendation is more traditional than the old Anglo-American countries, from the criminal justice system requires practice and the situation, although the conviction and sentencing of civil law countries have not clearly defined in the procedure, but the sentencing recommendation systems exist in many countries, German prosecutors sentencing recommendations made in a criminal trial of the most important step. Countries with different legal systems is a common system of sentencing Prosecutors recommended sentencing recommendation system.There are many drawbacks of traditional sentencing patterns, sentencing in a "black box operation", the sentence arbitrary; court sentencing hearing debate on the lack of prosecution and the defense against the color is not strong, and sentencing costs; protest the prosecution's lack of effective exercise of the functions; appeal appeal more to increase the litigation costs. Construction of the proposed system of sentencing in the interests of justice will help to save costs and improve the efficiency of justice, is conducive to the discretion of the judge constraints prevent the sentencing Jiqingjizhong phenomenon.Improve the sentencing recommendation system requires sentencing in the Criminal Procedure Code on the establishment of the proposed system, sentencing recommendations to improve the legal system of rank; to recommend the creation of law, objectivity and fairness, justice with mercy, clear and specific, results--oriented principles such as sentencing recommendations. Build and improve the sentencing recommendation in the mode of operation, the response to the proposed scope of sentencing, sentencing recommendations of the timing and method of the effectiveness of sentencing and other aspects of the proposed specific requirements.