| From August, 1999, in east city district of Beijing, it trial runs that public prosecutor gives suggestion on weighing on court, and debates with defender and defendant on how to weigh sentence. Here after follow some grass roots procuratorates. And it becomes a popular topic which some stand for it and some deny it .The paper tries to probe into the probability of suggestion system on weighing sentences and gives a general provision, which is on the base of the theory, jurisdiction practice and some useful experiences abroad.From the perspective of jurisdiction practice of the world, suggestion on weighing sentences refers to the specific suggestion proposed by the agency on how to weigh sentence to the defendant in lawsuit. At present, theoretical circles and jurisdiction practical circles have two kinds of a opinion, A is "suggestion and requirement theory" and B is "litigation theory". A inclines to that suggestion on weigh sentences refers to the specific suggestion given prosecutorial organization to weigh sentences of the defendant. B refers to that suggestion of weigh if sentences is the activity of litigation that prosecutorial organization proposes suggestions on how to weigh the defendant sentences. In this paper, the author thinks that suggestion of weigh if sentences refers to activity of litigation in which prosecutorial organization proposes some suggestions on what specific punishment shall be given to the defendant which including kind, period, means of implement, when prosecutorial organization initials public prosecution of support public prosecution. Right of suggestion on weighing sentences refer to the right of propos if suggestions which inclusively belongs to the prosecutorial organization. It is a kind of litigation right in which specific suggestions is given how to weigh sentence on the defendant when prosecutorial organization in trials public prosecution or supports public prosecution. Suggestion on weigh if sentences relationship of form and essential, appearance and essence, they areinterrelated and interacted each other.Right of public prosecution belongs to a kind of procedural right in essence, is a kind of jurisdiction appealing right when prosecutorial organization appall the court to run the defendant criminal responsibility, standing for the state. Right of public prosecution is one of the important authorities of protectorate. Right of giving suggestion on weigh if sentences is of right of public procreation from the persecutes of natural, the elation with right of punishment, principle of coordination and alliance in criminal lawsuit, deform of trial and in theory of litigation. Therefore, the right give suggestions are in the duty of the protectorate. From views of nature and feature, the paper goes that right of gong suggestion on we if sentences belongs rights of prosecution, and balances with sentence judging right. It riches right of defenses. Right of disputing weighting sentences initialed there has the same legal position as right of give suggestion in weighing sentences, they shall be treated equally in practice.Right of giving suggestion on weighing sentences belongs to right of public prosecution, and prosecutorial organizations have also exercised this right before. In traditional criminal litigation, prosecutorial organization makes general suggestions on criminal provisions shall be applied, range of sentences, some circumstances of heavier and lighter punishment, in charging petition of public prosecuting speech, most of these are same hints for legal circumstances, legal circumstance of weighing sentences and the minimum punishment. It differs from the topic disused in this paper in means and procedure ,the traditional means have showed many disadvantages during the practice.(1)Weighing sentences is not open and arbitrary.(2)Trial is of formulation which influences the function in defiance and charge.(3)Protection for the suspects' and the defendant's tight is weak and not enough.(4)The protesting function of the protectorates can't be exerci... |
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