Research On Sentencing Recommendation System Of Prosecution

Throughout the national legal, most of Countries have provided Sentencing Recommendation System of Prosecution, but in the Sentencing Recommendation to exercise, National legal provisions are different. The law of our Country has not stipulated Sentencing Recommendation System of Prosecution, but from 1999 Beijing in DongCheng District people's Procuratorate in the first implementation of the System of Sentencing suggestion. Since 2005, the Supreme People's Procuratorate issueds. a formal people's Procuratorate Sentencing Proposal pilot job carries out an opinion, to October 1,2010 countrywide court on regulating the Comprehensive pilot several opinions of Sentencing Procedures (Trial). By actively promoting of academic and judicial practice, the rule has been rooted in Chinese culture, and appears more and more vigor and vitality. This article first defines the Prosecution's Sentencing Recommendation and the nature of meaning and Analysis the Prosecution to Sentencing Recommendations theory, I think that the Prosecution Sentencing Recommendation System in line with the balance of power, Procedural justice, human rights protection, the principle requires judicial supervision proceedings. secondly, this paper analyzes the power of Sentencing suggestion system of inspection of the two legal systems such as in England, American, German, France, Japan, trying to summarize the general rules of Sentencing suggestion system, for our Sentencing Recommendation systems; thirdly, considers the Sentencing Recommendation of our Prosecution of the right and analyzes its causes. Finally, on the base of learning from foreign advanced experience, puts forward to perfect our Country Procuratorial Sentencing System. Mainly from the legislation, the principles of Sentencing Recommendation, type, subject, scope, methods and time, the effectiveness of the system settings, and other aspects related to the matching set.