Research On The System Of Chinese Prosecutor's Proposal On Sentencing

The conviction and sentencing discretion are basic problems in criminal judicial activities. They are very important in litigious activities. Since long ago, the sentencing discretion is regarded as judge's authority and responsibility. This is easy to cause judicial unfair. The power of sentencing proposal is a new research issue in procuratorial authority's prosecution reform, its enforcement captures wide-ranging regards of the society .From its trial to today, there has been extensive disputes on the nature, the essentiality and the pattern of the sentencing proposal system in the field of theory, it is also differential on the attitude to it in the judicial practice. The content of sentencing proposal offer an advice for judge's sentencing, which benefits for substantive fair involved in sentencing. It confined the discretion of judge. Thus sentencing proposal make procedure more precise and help to establish the fair procedure. It is indispensable that the system of sentencing proposal is set up in Criminal Procedure Law of China. Therefore, the article analyzes the concept and values of proposal on sentencing, and practice with regard to problems arising in the starting point, and use of comparison, analysis and research methods summarized sentencing proposal in a more comprehensive exploring. The article tries to address and improve the existing practice of sentencing reform proposals, also gives some useful discussion and proposals for the future to further strengthen sentencing proposals manner...