On The Right Of The Prosecution's Sentencing Recommendations

The power of sentencing suggestion is a new research issue of procuratorial authority's prosecution reform, its enforcement captures wide-ranging regards of the society. From its trial to today, there has been extensive disputes on the nature, the essentiality and the pattern of the sentencing suggestion system in the field of theory, it is also differential on the attitude to it in the judicial practice.The Prosecutor's Proposing Power in the judge's discretion in sentencing means the Public Prosecutor on behalf of the people's procuratorate based upon the facts and circumstance of the crime that the dependant commits, nature of the crime and the degree of endangering society, makes suggestion to the People's court regarding the criminal Penalty that may be imposed on the dependant, the term of Penalty, Pecuniary fine and whether the Probation shall be applicable atc. This thesis is going to systematically expound the Prosecutor, Proposing system on the basis of synthesis of various views on the Prosecutor's Proposing Power.The content of sentencing Proposal offer an advice for judge's sentencing, Which benefits for substantive fair involved in sentencing. It confined the discretion of judge. Thus sentencing proposal make Procedure more Precise and help to establish the fair Procedure. It is indispensable that the system of sentencing Proposal is set up in Criminal Procedure Law of China . We will follow some Principles, correctly manage each detail, and harmonize the system of sentencing Proposal with other when design it.