An Empirical Study On The Sentencing Suggestions Of Procuratorial Organs

This article discussed the implementation of procuratorial sentencing proposal, the purposeof the study is trying to research the implementation of the procuratorate sentencing proposal, theconcrete implementation of judicial practice in the specific case in practice, data analysis, inview of the existing problems, puts forward some suggestions to perfect the sentencingsuggestion. This research method is mainly literature analysis, empirical research methods,access to files and other methods, through the collection, access to domestic and internationalrelevant sentencing suggestion to many research, and summarizes the existing research results,and access to the grass-roots procuratorates dossier, provide the basis for the thesis writing. Thefocus of the study is to apply present sentencing recommendations for empirical analysis, and onthe basis of the sentencing suggestion entity standard, rules of evidence, sentencing procedure,mobilize the enthusiasm and other supervision mechanism is put forward to improve measure.The innovation of this paper lies will fully integrate theory with practice, by summarizing thesentencing suggestion theory, the case handling process in the implementation of the sentencingsuggestion encountered problems, the real show, and combining the concrete case handlingprocess were analyzed, studied the procuratorial sentencing proposal system from theory andpractice.The main content of this paper includes three parts, a total of33617words, in the processof writing the investigation of the sentencing suggestion practice condition, analyzed and putsforward the suggestion. The first part, overview in the face of sentencing suggestion from thetheoretical level, the sentencing suggestion about and controversial issues are analyzed, themultiple connotations present sentencing recommendations meaning, and inherent attributes,emphasizes the sentencing recommendations of the importance and necessity of existence anddevelopment in china. The second part, mainly with the grass-roots Procuratorate, sentencingrecommendations on the implementation of the empirical studies, through since2010sentencingproposal mentioned, analysis adopted, and with some typical case study, summarize the existingin the concrete practice, problems and their causes. The third part, according to the existingproblems and puts forward corresponding measures:(1) how to improve the standard ofsentencing suggestion entity, mention of sentencing should distinguish the specific analysis ofcase, and the public prosecutor should distinguish the trial procedure and different enjoy certainadjustment of sentencing suggestion in the trial of the authority;(2) clear sentencing evidencerules, referred to the relevant sentencing proof rules is different with the conviction, and theparties shall bear the burden of proof and standard of proof;(3) how to regulate sentencing procedure, as the standard, the specific operating rules described, distinguish the differenthearing procedures and the implementation of case to suggest sentencing program modediversification;(4) through the understanding of judicial organs and establish correspondingincentive mechanism to improve the judicial organ enthusiasm, hope that through these measurescan better promote the sentencing recommendation work.