The Study Of Practical Issues On Proposed System Of Sentencing

The proposed system of sentencing is the an important part of Criminal Procedure Reform.In the past judicial practice,there is errors on certain understanding of the right of sentencing proposal.Reflected in practice is that, the exercise of the right of public prosecution focus only on the exercise of conviction,but lack of sentencing request.In fact, it does not fully exercise the powers of public prosecution under the law; and such a misunderstanding led to a direct consequence,that is, the sentencing procedures did not appear independently in the trial process, such a situation arising many problems.To solve this problem, the proposed system of sentencing boarded the stage of history.The last decade,, academic and judicial practice has been carried out the research and exploration of proposed system of sentencing to different levels.IN 2010,Supreme People’s Procuratorate issued the "Guidance of to carring out the work of sentencing proposal by People’s Procuratorate "(hereinafter referred to as" guidance "), the operation of the proposed system of sentencing was further specification, but this, after all, provides for the principle of judicial practice from the national point of view,the work is still lack of unified norms and judicial guidelines.Therefore, there is a lot of problems of the quality, use and completation of this system.Therefore, the Practice research on operation of the proposed system of sentencing, especially in the framework of the "guidance", will help to guide practice, standard sentencing procedures, and to achieve procedural fairness, protection of the rights of the parties.So I used this as a starting point for the discussion and study.In addition to the introduction and conclusion, the paper is divided into three chapters.First, "Sentencing the theoretical basis of the proposed system", this chapter introduces the theoretical basis of the proposed system sentencing from the concept of sentencing recommendation, nature, legal basis.Sencond,"Investigation sentencing recommendation under the Background of Standardization of the sentencing process rights ".This chapter first introduces the effcts caused by the existing sentencing procedure,followed leads to the meannings of specification of sentencing for improving the proposed system.At last discusses the Approach of standarding sentencing proposal system.Third,"The practice operation of the proposed system", this chapter is divided into three parts, the first sentence describes the background of the proposed system; the second part starts from practice of Chengdu to explain the operation of the sentencing proposal system; the third part,based on the combination of the second part and the "guidance", extracts the problems in the operation of the proposed system, the fourth part,combined with the third part which raised the questions of the proposed system,presents solution of such problems, that is:1, In the Code of Criminal Procedure explicitly recommend the prosecution’s sentencing proposal rights and sentencing proposal system.2, Give the private prosecutor the right to make recommendations on sentencing, and it must be independent of the public prosecutor’s sentencing recommendation right.3, Further separatate the conviction and sentencing procedures, improve the independence of the sentencing process.4, Clearly define the scope of the case in which the subject of proceedings can adjust sentencing proposal in court according to the Authorization, and give the right to amend the appropriate recommendations, to save litigation resources and judicial costs.5, Understand the sentencing guidelines flexible, and do not misread across the board.