The View Of Prosecutor Sentencing Recommendation

Sentencing recommendation is not only an important way for the prosecutor to realize the supervision before the judge's judgment to cases, but also a central reflection of a prosecutor's comprehensive quality. At present, our country has some defects, geographical, economic and other factors, resulting in a large number of criminal cases which are the same crime but in different sentencing judgment , and the judges'discretion is too large with no effective supervision measures, resulting in a lot of judicial corruption cases. Faced with this reality, sentencing recommendations , as the straw to solve the problem of judicial justice in the judicial reform, was thrown out of water. Most scholars deem that sentencing recommendation is a way to control judicial injustice, as well as the effective means to prevent corruption in judiciary.Criminal justice requires accurate conviction and a proper extent of sentencing. In the process of criminal judicial activities, prosecutors'understanding to the connotation and the extension of sentencing recommendation , as well as how to use the power of sentencing recommendations, are divergent. Sentencing criterion and the process of sentencing recommendations become the focus of all the judicatory.In criminal cases, as legal claim to the right of public prosecution, includes of seeking right of apology and criminal rights. Along with the advance of our country socialist legal construction , in terms of the cognizance of criminal nature, the majority of judges can accurately identify it . However, the aspect of right to seek criminal ,due to our country criminal law itself is relatively large amplitude determining sentence rules , probably results in a phenomenon of unfair sentencing , from the legislation . At the same time , because of one's own knowledge , experience , geographic , economic and other factors, the judge lead to a large number of cases which are the same criminal but in different judgment . Therefore, the first duty for prosecutor's sentencing suggestion is to solve the standard of unified sentencing on entity.Sentencing proposal is a substantice law on the issue , and also a procedural problem. This article, only in the meaning of entity, consider that how the sentencing suggestion , based on"take the fact as the basis, take the law as the criterion", realize the balance between crime and punishment and judicial justice. So Xu Ting case referring to the sentencing suggestion problem is discussed. This article is 17000 words, and is divided into 3 parts: introduction , text and conclusion . The text is divided into 5 parts, the main contents are as follows:1. Summary of sentencing recommendations. This part , regarding the Xu Ting case as the carrier, under the background of judicial reform , discuss the necessity of procurator's sentencing suggestions. Then in the light of our country various understanding on sentencing proposal, put forward the author's view, and take a further step to the sentencing recommendations of the theory basis and legal analysis, and deeper the understanding of sentencing suggestions. At the same time , through the acquaintance of sentencing suggestions'nature , its connotation is going to be well known totally.2.Function of sentencing recommendation. Through the analysis and cognition of sentencing recommendations'active effects and passive effects, we can learn a comprehensive understanding of sentencing suggestion. That helps the prosecutorial organs to use the sentencing suggestions better.3.Consideration of sentencing proposal. From the analysis of Xu Ting case, I propose that sentencing recommendations should consider different factors. In the sentencing recommendations of the four principles, the sentencing proposal which is proposed by prosecutors should adapt to the reality of the needs of judicial practice. With this goal, sentencing recommendations should improve from 2 aspects: on the one hand is to establish a common crime sentencing standards. According to the transverse, longitudinal comparison of different similar crime and the same crime, with common standards of sentencing , we try to grasp it from 4 aspects , and avoid the highest level of crime receiving the high level of punishment ; One the other hand , in the face of a special case which the common sentencing recommendations are not suitable, based on the principles of sentencing suggestion , and with the analysis to those examples in judicial practice ,we bring up with the idea that conforms to the principle of legality, the balance requirements of sentencing suggestion. But in the judicial practice, the prosecutorial organ should enforce the power of sentencing proposal strictly , in order to avoid the defects of the system.4.Standardzation of sentencing recommendation. In criminal law , the priority of sentencing suggestion should be recommended a unified criterion ,follow by sentencing proposal remedy mechanism. Sentencing criterion should be stable, just like the law, besides, it is also with the development of the society. The changes of social criminal policy o the sentencing standards should have direct influence. Standard of measurement of penalty should be more emphasis on its rationality , namely the social public acceptability . When improving one's own quality , prosecutors should consider the sentencing proposal from the internal and external balance., thus regulating the it.5. Propulsion of sentencing proposal system. The propulsion of sentencing suggestion system should be grasped from two aspects, one is the perfect system, including of the substantive law and procedural law; one is prosecutor's own quality promotion. Prosecutorial supervision in advance whether it will affect the judge's independent jurisdiction and the prosecutor's corruption or not, in the face of this series of doubts, prosecutor's own quality promotion is a must. Just like the British law, it repair the legal defect. Then faced with the actual situation , prosecutor should make the sentencing proposal to perfect through one's own understanding to the law. The sentencing suggestion pilot has been lasted for more than 10 years, what it means to China is more active effect than negative effect, in the judicial practice, there are further significance too. As the main body of sentencing suggestion , prosecutor in this process acts as an important role.