Research On The Right Of Sentencing Suggestion

Nowadays, the right of sentencing suggestion is generally belonged to the range of public prosecution right in various countries, and it is exercised widely in the criminal procedure practice. However, because of the differences in the respective legal system, historical tradition, and trial model, the systems of sentencing suggestion in various countries are different in a certain extent.The legal nature of the public prosecution right in our country is different from that in other countries, so the right of sentencing suggestion, which is belonged to the public prosecution right, has the nature of public right, judicial claim right, legal supervision right and so on.There is not only related current legal basis but also legal theory basis for exercising the right of sentencing suggestion.Exercising the right of sentencing suggestion fully is advantageous in making appropriate sentencing and realizing justice in individual case; in enhancing the lawsuit efficiency and saving lawsuit resources; and improving the criminal procedure reform.To achieve the practice significance of the sentencing suggestion right, the right must be exercised in standardization. So the procedure of exercising the right should be carried on with normative design.