On The Establishment Of China's System Of Sentencing Suggestion

The sentencing suggestion system in recent years is the procuratorial organ s prosecution reform a new topic. Part of our province, city prosecutors have launched a sentencing recommendations to reform pilot job, obtained favorable result. In recent years, some of the domestic primary procuratorate also carries out the sentencing suggestion system. Many scholars on this issue has also shown great interest, start on the sentencing suggestion system of theories, and have made certain academic achievements. Even so, China's sentencing recommendation system has not really established.In this paper, based on the judicial system of our country is actual, from determining the sentencing procuratorial organs should be divided into four parts, discusses our country procuratorial sentencing proposal system establishment. The first part is mainly outlines the sentencing suggestion system. Discusses the power of sentencing suggestion, sentencing suggestion system of mainbody, specific content, for the sentencing suggestion system established to provide theoretical support.The second part is on the sentencing suggestion system draw lessons from abroad. Through the comparison of Anglo-American law system and continental law system countries in the relevant system, identify these countries to establish sentencing suggestion system of beneficial experience, for our country to establish their sentencing proposal system to provide reference.The third part is proposed to establish the significance of sentencing suggestion system. From the improvement of public prosecution power, strengthening legal supervision and optimization of criminal procedure three aspects proposed the establishment of the system of sentencing suggestion meaning, description of the system is the need to establish in our country.The fourth part is built to our country the sentencing suggestion system conception. From the establishment of the sentencing suggestion system legislation status, sentencing proposal system set up and strengthen the judicial personnel s quality put forward three proposals, the hope that through these suggestions, for our country set up the system of sentencing suggestion provides realistic basis.