A Study Of The Standardization Of Sentencing Recommendations For Procuratorial Organs

Sentencing recommendation as an integral part of prosecution, whose theoretical value and practical value has been fully demonstrated. In February 2010, the Office of the Supreme People's Procuratorate formulated and issued the indictment on People's Procuratorate proposing to carry out the work of sentencing guidance (draft)." This important normative documents means that the reform work of sentencing promulgation has been in the trial at all levels in the procuratorial organs since October 1,2010, which also marked the system of sentencing promulgation is perfectly justifiable to flood onto the judicial arena by the prosecution and sentencing reform.How to make the proposed system successfully implanted in the criminal justice system, realizing its aim to protect justice, to prevent arbitrary, criminal supervision and to improve the efficiency of the prosecutor became the focus of the prosecution in the previous stage. The reform of a new judicial system can not be separated from the existing mechanisms. This article is based on the work of the implementation of sentencing recommendations including People's Procuratorate of Chaohu City,Anhui Province (in situ-class city),five primary Procuratorate (a total of six case-handling units)。It analyzed the problems and deficiencies in the operation, and made specific comments focusing on improving the working mechanism of the sentencing recommendation on the issues of concern from the macro and micro perspective; In the article the author proclaimed to further determine the scope, type, rules formulation, approval process, after-review of the sentencing recommendations. Meanwhile the author suggested to complete the system of the defendant's guilty plea, listening to the views of victims and personality survey, in order to promote some practical ideas for the standardization of sentencing recommendations and further program.For this reason, this article is divided into four parts.The first part is the investigation overall operating situation about sentencing recommendations in the two levels of court. In this part, the author summarizes a beneficial exploration in work on the general rule of the sentencing recommendations system in two levels of court.Although the difference of the degree,the way,the scope,the specific issues during the sentencing recommendations stages between People's Procuratorate of Chaohu City and primary Procuratorate, all can pay attention to the organic combination of the social effect and legal effect in sentencing recommendations with existing public prosecution mechanism.The second part is about the problems on trial work of the recommended sentencing. In this section, the author analyzed the common problems in the trial work by summarizing the practice of sentencing recommendations. The author claimed his thoughts, put forward the direction to improve the system of sentencing recommendations.The third part is the thoughts from the macro-perspective on the standardization of the sentencing recommendations. In this section, the author further clarified the sentencing system should follow the principles and scope on the basis of the current normative documents, and elaborated the reasons to support the absolutely determined sentencing recommendations.The fourth part is the thoughts from the micro-perspective on the standardization of the sentencing recommendations. In this section, the author focused on improving the working mechanism of sentencing recommendations and put forward specific ideas on the development of detailed rules for sentencing recommendation, approval process, after -review. Meanwhile the author suggested to improve the system of the defendant's guilty plea, listening to the views of victims and personality survey, in order to promote some practical ideas for the standardization of sentencing recommendations and further program.