China Sentencing Recommended That The System Of Empirical Research And Improve Vision

Sentencing suggestion is an important part of the reform of the central deployment, "Sentencing standardization". It is helpful to promote open and fair sentencing, Effectively regulate and restrict the discretion of the judge, and improve the criminal justice process and the structure of criminal proceedings as well. In recent years, both theorists and criminal justice, in the context of reforming the judicial system, have carried out on an active discussion and practice of sentencing suggestion, and have basically achieved a consensus on its necessity, feasibility and value of significance. In the view of this, based on the comprehensive review and the development situation of sentencing suggestions, this paper analyzed and summarized the obstacles in the practice of sentencing suggestion, then put forward sound proposals on the construction of mechanism of sentencing suggestions.The paper is divided into three parts,Part One, the reforming practice on sentencing suggestions in China. On the basis of reviewing the path of sentencing suggestion in the background of the judicial system reform, the author summed up the characteristics and practical significance of sentencing suggestions.Part Two, the work of sentencing suggestions by Shanghai Prosecution. The author analyzed and summarized the characteristics and the significance of the practice on sentencing suggestions by Shanghai Prosecution in recent years to find the barriers on the path of sentencing suggestion practice.Part Three, the proposals on the improvement of construction of sentencing suggestions. For the obstacles, confusion and difficulties in the operation of sentencing suggestions, the author gives the proposals on improving the supporting the legal system, the basis of common understanding, the operating mechanism, and debating mechanisms to trial sentencing.