On Sentencing Recommendation System Build

As the just idea of the procedure is rooted in the hearts of the people day by day, the question of the judicial process causes the close attention of circle of theory, practice circle and even the whole society gradually, Mostly the questions of judicial processes are breakthrough points of the flourishing judicial reform in recent years, pursuing the goal of the justice. The procurator organ launches and tries the system sentencing suggestion is put forward under the great background of this judicial reform. Since April of 1999, the people's procurator ate of Dongcheng District, Beijing had taken the lead in implementing the system of sentencing suggestion in the whole country, and the Supreme People's Procurator ate had proposed 《the implementation suggestion of pilot work in sentencing suggestion of people's procurator ate》 by July of 2005, proposing a great hot contents that the system reforms as the criminal contentious procedure in sentencing suggestion, being planted in the soil of the culture governed by law of China the strong vitality under the active promotion of the circle of theory and practice circle, and demonstrate flourishing life and vigor more and more.Sentencing suggestion, means the prosecute in appear in court, supporting prosecution, getting the suggestion out of on behalf of the people's procurator ate, requiring the people's court to sentence a certain particular penalty for the defendant, proposing the concrete requirements such as the punishment kind, prison term, etc. Investigating in foreign legislative system, in the common law, the system of sentencing suggestion exists in one intact and independent sentencing procedure; the continent law department criminal justice of country do not have independent procedure of measurement of penalty in the ordinary procedure, declaring guilty is integrated in activity of sentencing, but in the criminal summary procedure that stands with the ordinary procedure, the right of sentencing suggestion of the prosecute is confirmed very much and outstanding. The right of sentencing suggestion is the component inside right of prosecution, it is the right to ask for justice that is on the basis of right of penalty, and the prosecutes enjoys and exercises sentencing suggestion right accords with legislative spirit, shut constitution nature and legitimacy, Its value that is pursued is fairness and efficiency. Because the criminal law of ourcountry is divided the penalty span about each charge is very great, no doubt, the larger the extent for measurement of punishment of the legal provisions is, the greater the specific just possibility that realizes is, but at the same time, judge who cut out right too big freely, causing the same charge often in practice, and approximate crime plot, the penalty deviation sentenced finally is too big. The prosecute exercises the right of sentencing suggestion in criminal suit effectively, proposing comparatively concrete sentencing suggestion, which help judge make appropriate sentence referee. On the other hand, the prosecute exercises the right of sentencing suggestion effectively in the criminal suit, which can also reduce the appeals, saving judicial resources and lawsuit costs.Of the modern criminal suit theory, the right of sencencing pursuit, as the core of the right of prosecution, including declaring right of asking for guilty, also including the sentencing suggestion. No matter in the legislation or in the judicial practice, the prosecute of our country are declaring the right of asking for guilty during the process of realizing right of sencence pursuit of the criminal case. In construct China accuse of, debate governed by law visual field to consult system, must expand to present public procurator right of sencence pursuit and structure, set up the sentencing suggestion in according with modern criminal suit. The concrete working procedure is: The prosecute proposes sentencing suggestion in the indictment at first, in order to show the integrality that is told, at court debate stage, then the prosecute proposes concrete sentencing suggestion to the defendant according to the court's trial changing. After the defendant, defender defend, the people's court makes comprehensive appraisal to propositions of both sides, then making the judgment.