Research On The Operation Issues About Standardization Of Sentencing-recomendation

In December 2008, the political and judiciary commission under the central committee of the communist party of china issued a regulation. It required judicial system to regulate discretionary power and bring sentencing criterion into procedure of court trial. According to united arrangement of central government, as one of the most important components of "standardization of sentencing", sentencing-recommendation as a system become focus in group of professional and academic once again.Ever since 1998, parts of local prosecuting authorities started to put forward sentencing-recommendation in public-prosecuting case. There has been more than ten years for judicial system to explore ways of reforming about sentencing-recommendation. Today, for prosecuting authorities, it has been obliged to solve in reform of sentencing standardization, which is how to capture self-position, value orientation and regulate operation of sentencing-recommendation in order to effectively restrict discretionary power of judges.This article means to do some researches about movement of sentencing-recommendation on the assumption of its conception and theoretical foundation. Based on current situations and theoretical investigations from home and abroad about sentencing-recommendation, this article gives self-examination on internal sentencing-recommendation working, clears its civil value orientation, straightens out relations with other sides and tries to conform the path of its running under existing justice environment. Several key details are listed:1. General questions about specification of sentencing recommendation:the role definition for procuratorial organ in its operation, its scope of applications and principles to perform procuratorial duties.2. Raising codes of conduct in view of existing situation, for instance, regulation of its contents, evidences, decision-makings, and so on.3. Specifications of bring sentencing-recommendation into court trial: stressing sections during court proceeding concerning about sentencing recommendation, debating, and amendment.4. Regulations of monitoring to guarantee impartial sentencing:correctly emphasis on effects of sentencing-recommendation, its procedural fairness in court trial and long-term construction of its regime.