Research On The System Of Sentencing Proposal

The system of proposal on sentencing is a part of modern criminal judicial systems, and is an important section in Chinese judicial system reform, having Significance in preventing judicial corruption and improving efficiency of the proceedings. In the beginning, the Trial has aroused intense discussion in theorists. On the items about essence, theoretical foundation, legal value, Scholars disagree. Recently, in the exercise of sentencing reform, some prosecutors carried out explorations on the way of the proposed sentencing, and have accumulated useful experience for the standardization of the proposed system for the sentencing. Summing up the previous theory and make bold explorations in practice. By defining the concept and value, conduct a comprehensive study via the use of comparison, analysis, induction and other research methods.In theory, that the prosecutor has the right to make sentencing recommendations was no room for doubt. But we have to conduct a systematic research on that how to make a well-designed institutional framework in practice,make a reasonable elaboration of the nature of the recommendations on sentencing, help to practitioners'ongoing reform of the sentencing recommendations and provide some constructive and operational advice for the system of proposal on sentencing.In the first place, this paper analyzes the nature of the proposed system of sentencing and existence of the value of property. This article focuses on analysis of the positive role of the proposed sentencing system in the interests of justice to improve litigation efficiency, to prepare for the subsequent discussion.In the next place, the paper analyzes the status of the System of Sentencing Proposal on Legislative defect, practice, obstructive, from different angles of the nature of public power and private rights. And this paper points out that the accumulation of experience in practice is the foundation of the system standardization.Finally, the paper attempts to explore construction of the system's functioning, including the scope of application, scope, methods, uniform criteria for sentencing, systems of demonstration of evidence. The paper provides some ideas for the problems encountered in the reform, and puts forward useful discussions and suggestions for further strengthening the method of Sentencing Proposal.