Research On Sentencing Suggestion System

Conviction and sentencing are practices by the judiciary to identify crime or non-crime, what crime the defendant has committed, as well as discretionary with the penalty, which is the two fundamental issues to be solved through whole criminal judicial activities. Sentencing is between conviction and execution, which plays an important position in criminal litigation activities.But for a long time, the judiciary has always attached importance to the accuracy of conviction, whereas the accuracy of the sentencing has been neglected.There are some clients' complaint about similar case and condition result in larger gap on sentencing, especially the application of probation and forfeit in judicial practice, there are some unfair conditions as long as compared the cases with horizontal and vertical method, but it also seems not to reach commencing abnormal or light level. Thus, the appeal is difficult to be supported by the judges. Where is the sticking point? The author believes that the key lies in the lack of a set of specific operational supervisory mechanism. Here, I propose may wish to give prosecutors the right of sentencing suggestion, and secure prosecutors'participantion and constraints of sentencing from mechanism.First, the author defines the right of sentencing suggestion and the sentencing system,and explanate the establishment of the value of the sentencing suggestion system.Secondly, presents and compares the practice of sentencing recommendations of foreign common law and civil law countries, and summarize the disparities and enlightenment of Two Schools countries sentencing suggestion, reaching a conclusion:"sentencing suggestions does not insist on the implementation of the same stereotype, making flexible and pragmatic choice in appropriate conditions on the premise." Again, the author summarizes the practice of the condition about different parts of China's procurator organs' the sentencing suggestions, and summon up reference experience of the trial and sentencing suggestions. And then on that basis, from the static point view, propose the construction about the sentencing suggestion that suitable for China's national conditions.Then, the author from the dynamic perspective analysis to China's "system of sentencing suggestion" in judicial practice for the operational phase , moreover, the procurator organs exercise the right to sentencing suggestions how to ensure their effective exercise, we should properly coordinate the various conflicts associated with it.Finally, the author propose to address and improve the current practice problems of sentencing reform proposals to encounter protect China's "system of sentencing suggestions," in reality effective operation, should establish a series of relevant legal system.