Research On The System Of Sentencing Proposal Of Prosecution Agencies

The thesis uses induction and comparative method to make comprehensive and systematic analysis about the definition of key concepts, theoretical basis, realistic consideration and perfection.This thesis consists of three parts. Chapter one briefs the theory connotation of the sentencing system. First, the signification of the right of sentencing suggestion is introduced. Analysis the attribute of the right of sentencing suggestion upon it. It belongs to the public prosecution power, judicatory prosecuting right, and procedural right. Through analyzing, this system satisfy made of the lawsuit which consists of litigation theory, adversary lawsuit mode.Chapter two introduces the system reform of the sentencing recommendations practical considerations. Until now, it experienced three stages which included intial stage, comprehensive investigation stage and extensive pilot stage. Achievements can be seen in the following three respects. First, sentencing recommendations finished the scope of institution transference transformation. Second, the local standard become the basis for guiding sentencing recommendations work. Finally, exploring the sun of justice, highlighting the procedural justice enhance openness and transparency in the sentencing process. The reform spawn a new defense form-the sentencing defense.Now, this reform makes great progress, but still faces with a lot of problems an bewilderment. First, the lack of unified normative documents led to a huge difference inoperating procedures. Secondly,the time of sentencing recommendations are inappropriate. Again, due to a lack of relief path, sentencing recommendations system become illusion. Finally, there is controversy over the ownership for sentencing recommendations.In chapter three, the thesis integrates with the judicial practice in our country, refers to the present system of our country and put forward countermeasure. First, at present our country still is not suitable for making sentencing recommendations formulate a unified system of normative documents. Second, it's more suitable for making sentencing recommendations in sentencing phase. Considering that case shunt mechanism is not achieved in China at present, it's not enough to separate fully conviction and sentencing procedures at this stage. This should be differentiated and treated differently. The procuratorate should put sentencing recommendation forward in trial in defendant confession cases. In another kind of case, procuratorate should put sentencing recommendation forward in sentencing program. Third, Relative determine sentencing recommendations should be the main way. sentencing evidence is not comprehensive and because of lacking of reform experience and incompleteness sentencing evidence, proposed the relative lack of sentencing recommendations will be more scientific and reasonable. Fourth, determine the sentencing recommendations proposed by the way, in principle sentencing proposal written authentic.