On The Problem Of Procuratorial Sentencing Proposal

At present, many scholars elaborate the necessity of the procuratorial sentencing proposal mainly based on the perspective of traditional legal principles, but they just stress the procedural and substantive significance of the procuratorial sentencing proposal, and the system is designed based on this theory. This article intends to discuss on the necessity of the procuratorial sentencing proposal under the perspective of consultation justice, which is a new way of justice in judicial practice. In a word, the purpose of this article is to construct a new system of procuratorial sentencing proposal that is not only complying with the current trend of consultation justice, but also adapting and standardizing the consultation justice.With the continuous advancement and developdevelopment of society, there is a sharp increase in the complexity and the number of criminal cases. Social order is badly endangered by crime. If every case is closed by ordinary proceedings, the society has to add abundant courthouses,supporting measures and staff. As a result,it is becoming a heavy economic burden to society. Furthermore, modern criminal procedure is complicated and delicate increasingly, and the costs of dispute settlement is higher and higher. It is so time-consuming and laborious that the force and effect of crime-control are not quite well. In order to reduce the pressure of cases, consultation justice has been emerged by judicial organizations as a new judicial trend. In the United States, prosecutor selects"plea bargaining"in order to escape from huge workload. In Germany, the consultation justice is the result of overburdened criminal justice system. In China,with the practice of the new criminal procedural law,dozens of new problems produced from judicial practice lead to the occurrence of consultation justice. In this context, there are some theoretical significances and practical significances to examine the prosecution's sentencing proposal with a new perspective.Procuratorial sentencing proposal is one of the important parts of public prosecution.It is judicial claim in essence and non-finality. Though China's criminal procedural law has not the concept of procuratorial sentencing proposal directly, The sentencing proposal in criminal procedure suggested by procuratorial agency is compatible with the spirit of laws. The procedure of procuratorial sentencing proposal can promote the standardization of penalty measurement.It also helps procuratorial agency to fulfill the function of judicial supervision, promote an openning and just sentence, ensure the judicial justice and improve the efficiency of litigation. Further more,it has particular significance in the circumstance of consultation justice. Consultation justice and procuratorial sentencing proposal have a close relation with each other.The effective operation of consultation justice can not be separated from the exercise of procuratorial sentencing proposal.So it is necessary to empower the procuratorial agency to bring up the sentencing proposal in the process of criminal procedure in the context of consultation justice.However,relevant practice in the procuratorial organs is different from one another. In order to comply with the development of consultation justice and make the procuratorial sentencing proposal system fulfill the needs of times and the litigation law, it is necessary to re-examine the problems existed in practice on the base of combining our unique culture and criminal judicial institution with the developed foreign countries' successful experience.