On The Systematic Construction Of Criminal Penalty Measure

As reference for the judges'sentence discretion, the implementation of the prosecutors'advices on the sentence discretion plays a positive role in not only restricting the judges'sentence discretion and improving the openness and impartiality of it, but also protecting human rights. But as different parties have different opinions and different districts have different practice, the institution of the prosecutors'advices on the sentence discretion haven't been established completely and admitted by the statute in our country yet. Combined with mature institution of the prosecutors'advices on the sentence discretion abroad, the paper attempts to make a preliminary research on the institution of the prosecutors'advices on the sentence discretion in our country from the aspects of its types, forms and effect, which could be helpful for the establishment of institution of the prosecutors'advices on the sentence discretion.