Study On Sentencing Proposal About Grassroots Procuratorial Organs

It is sentencing proposal that procurator put forward some suggestions to court about how to punish criminal and sentence the circumstances based on some criminal facts.This paper studies a grassroots procuratorate about sentencing proposal by the methods of investigation in GuiZhou province of China. There are many experiences and insufficiencies by analysis the grassroots procuratorial organs sentencing proposal. Finally this paper put forward about how to improve grassroots procuratorial organs'sentencing proposal work.The author would make a research about a grassroots procurator organs the first stage of sentencing proposal from July 2009 to December 2009 and the second stage from February 2010 to October 2010.And through the investigation sum up the number about the grassroots procurator organs'sentencing proposal put forward and was accepted by the court, we find the grassroots procurator organs'sentencing proposal more than 90% was accepted by the court. It finds that the grassroots procurator organs'sentencing proposal put"The sentencing proposal"to use the same class criminal case that suitable for use summary procedure, and put verbal sentencing proposal to use the same class criminal case that suitable for use Normal procedure. Throughing look up the file,the author find some changes in sentencing proposal work before and after on the criminal evidence review.The author thinks that the grassroots procuratorial organs'sentencing proposal made the following positive significance in practice: first, To improve procurators'sense of responsibility and the sense of mission; second, To improve efficiency that the criminal case court decision in a same court; third, Make the court's sentencing turn to transparent; fourth, make for protect the basic rights of the defendants. But the grassroots procuratorial organs'sentencing proposal have some deficiencies: Firstly, sentencing proposal system is not perfect; Secondly, in criminal justice are short of independent sentencing program; Thirdly, the sentencing proposal lack of suggestion reasons; fourth, sentencing proposal standard is not clear; The fifth, the sentencing proposal lack of about Supplementary punishment part. Finally,the author put forward some suggestion about how to make the grassroots procuratorial organs'sentencing proposal perfect,according to the grassroots procuratorial organs'sentencing proposal have some deficiencies.