The Procuratorial Study

Even since the revision of the Criminal Procedure Law in 1996, the local procuratorial authorities have made some attempts in adopting sentencing proposals. In recent years, with the further promotion of the prosecution reforms, the system of sentencing proposal has been introduced into the judicial practice gradually, and has gained some beneficial results. The courageous attempts of the judicial facility have also aroused some concerns and interests of the experts in the theory field, who do some related theoretical researches and get somewhat fruitful results. However, as the research of the sentencing proposal systems are still at its primary stage, there are some disagreements in many specific theoretical problems. Furthermore, there is a lack of systematic researches into it. And there are also some problems in judicial practice concerning some disagreements or disputes. Working as a procurator for a couple of years, the author finds that there is some unfairness in the sentencing of the criminal cases. Thus the author endeavors to explore on this issue and hopes it'll contribute something to a fair sentencing system.Via the use of some devices like practical case analysis, historical comparisons and contrasts, the author does some researches on the sentencing proposal systems. The thesis lays importance in the value and practical significance of the system and it summarizes the deficiency in present sentencing proposal system, also the in-depth problems that exist in the judicial practice. Basing on the current situation of China, the author tries to offer some suggestions on how to modify the proposal system and better implement the crime sentence accordance principle.Apart from the part of introduction, the whole thesis is composed by 3 chapters:In chapter 1, the author quotes some sentencing proposal systems abroad, including Anglo-American systems and Continental legal systems. Via the analysis of the theoretical basis, nature and practical values, the author thinks that the procuratorial authority is the representation of the nation. It has the responsibility to offer the sentencing proposals which can have some binding effects on the judicial practice.In chapter 2, the author introduces the practical examples and experience of the sentencing proposals of the local procuratorial authorities. The author thinks that there are some problems in them: firstly, they have an obscure understanding of the value of the sentencing proposals; secondly, there is a lack of a scientific standard for sentencing; thirdly, there is a lack of experience of the proposals and finally, the related systems are not complete.In chapter 3, the author offers some suggestions for the process designs. Firstly, the sentencing proposals should cover all the criminal cases that are prosecuted by the procuratorial authorities. Secondly, the sentencing proposals should base on definite sentencing proposals and be supplemented by some relative proposals. Thirdly, the proposals can be raised according to relevant cases and on proper occasions. As for the form, the written form maybe the main one and oral as the supplement. Finally, there should be some supervision inside the sentencing proposal system.