A Study On Some Problems Of Sentencing Proposal System

Continuously pushing forward the reform of the sentencing process, sentencingrecommendation system has begun to be piloted across the country since October2010. After more than ten years of experimental work, Chinese procuratorialorganshave has accumulated experience and achieved positive interim results.Meanwhile, the sentencing system has various problems which should be solved inactual operations. I am trying to explore a number of outstanding problems in thereform of Chinese sentencing recommendation in order to help the theoretical studyand reform practice of our sentencing suggestion system.This article has been divided into three chapters, at a total of more than36,000words. It is based on the criminal procedure theory and the existing normativedocuments. Moreover,it also used the advanced experience of other countries forreference, further, it referenced the practice of Chinese sentencing recommendationreform and explored the issuesThe first chapter discussed the basic theory of the sentencing of the proposedsystem. The major part was defining the concept of the right to sentencingrecommendations; analyzing the attribute of the right of sentencing proposal;clarifying the relationships between recommendations rights, sentence jurisdictionand defense rights; discussing the theoretical and value basis of the power ofsentencing proposal, the idea is to provide theoretical support for this argument belowfor the reform of sentencing recommendations problems.The second chapter investigated the sentencing recommendation system of theUnited Kingdom, the United States, Germany and Japan. And there was also acomparative analysis of the mentioned countries, aiming to provide successfulexperience for our sentencing recommendation.The third chapter set the targets of our sentencing recommendation. The first partdevoted to discuss the current situation of our sentencing recommendations. Itreviewed the course of development and major achievements of Chinese sentencingrecommendation; and after that, it analyzed and examined the reform of oursentencing recommendation in terms of time, manner, content, effectiveness and otheraspects of the issues. The second part proposed six ideas consummating accessarysystem to improve the supporting systems from improving the sentencing of theproposed system in China.