Study On The System Of The Right Of Suggestion For Measurement Of Penalty

In recent years, for the improvement of judicial justice and the realization of the principle for public welfare in procuratorial activities, some of the basic-level people's procuratorates gradually develop the experiment of the suggestion for measurement of penalty. The suggestion for measurement of penalty is a new thing appeared in procuratorial reform in recent years. It is to exhibit issues concern measurement of penalty. From the counterplea between the accuser and the defendant, we can see how the penalty is measured and reasoned, and what legal evidences are used, so that the two sides know the process and consequences of measurement of penalty. In this way, the justice of measurement of penalty can be guaranteed.The right of suggestion for measurement of penalty is a kind of judicial requirement, and belongs to the domain of the right of public prosecution of the investigating and prosecuting apparatus. In the theories of prosecution, it can be defined in a broad and a narrow sense. Broadly speaking, it refers to the general suggestions as heavier punishment, lesser punishment etc. made by investigating and prosecuting apparatus from the opinions of public prosecution according to some of the plot of a case. Narrowly speaking, it refers to the right of the investigating and prosecuting apparatus represented by public prosecutor to offer specific requirements to people's court for a certain punishment of the defendant. Requirements concern the kind, period of punishment and execution can be offered. The discussion of this thesis about the right of suggestion for measurement of penalty is based on its narrow sense.The right of suggestion for measurement of penalty essentially belongs to the right of public prosecution, which as a kind of judicial requirement, is formed on the basis of the mastery of a nation and is a kind of requirement of punishment. As a sub-right of public prosecution, the right of suggestion for measurement of penalty is characterized as the right of requirement, non-conclusive, free for sentence and legal supervisory. As a system, the...