Study On The Right Of Public Prosecution And The System Of Penalty Measurement Advisement

The right of penalty measurement advisement is directly from the power of publicprosecution. As a rational choice for the reform of trial method, the exercising ofthe right of penalty measurement advisement by procuratorate has its legalfoundations. The author takes the opinion that the right of penalty measurementadvisement will play apositive role in safeguarding the fairness ofsentencing, saving judicial resources, enhancing working efficiency, andinstrengthening the function of litigation of all parties. The article discussesthe reason of penalty measurement advisement, brings up own viewpoint and solutionof the problem. The full article has three aspects to launch the research of thisproblem: First, studying the basic theories of penalty measurementadvisement, including the concept of penalty measurement advisement, the law basisof penalty measurement advisement, the procedures and rules of penalty measurementadvisement etc. Second, reaserching the main problems of the practice of penaltymeasurement advisement, It is therefore suggested that such a system be establishedin China on the basis of comprehensive studying on the system in foreign countrieswith respect to the timing, method, subject and the legislativeimprovement, etc. Third, the advise and suggestion for improving and developing thesystem of penalty measurement advisement, to establish of reasonable and justcriminal procedures and rules of penalty measurement advisement.