Sentencing Suggestion System Of China

Although the Sentencing suggestion system has widespread influence and thetheoretical value in the foreign criminal proceedings, However, in our criminalprocedure has been neglected for a long time，even been Forgotten in the judicialpractice. For a long time, we often pay great attention in conviction, ignore thesentencing the in China’s justice system. Sentencing has been exclusive powers of ajudge, some cases that the sentencing lost fair and balanced because Sentencing is notopen, also make bad impact of the judicial authority. In the Background of the reformcalled standardization of sentencing，Combined with the existing judicial resources，thesentencing suggestion system has become a major issue in the sentencing reform whichis being carried out，the order is to improve the sentencing norms, while taking intoaccount the fair.There are much positive significances such as the Conducive of achievingtransparency and fairness of the sentencing if the prosecutor carry out the Sentencingsuggestion. Because the prosecutor give Specific sentencing recommendation and thereason and then Counsel express their sentencing views，the Judge will consider how togave objective and fair sentencing, When public prosecutors propose specific sentencesuggestions as well as reasons of their suggestions during court trail, defenders wouldbe necessarily utter their suggestions about measurement of penalty, and thus, judgeswould be made to consider how to sentence objectively and fairly. With practicalexercise of over ten years, the academic circle has fundamentally come to the consensusthat the system of sentence suggestion is a systematic innovation catering to theorientation of Chinese judicial reform, having great significance. Yet, the system ofsentence suggestion of China is still at the exploratory stage, having no mature relatedtheories, with relatively obscure legal provisions, and with its practice being severelydecorating, confused and arbitrary. This paper involves many which can be roughlydivided into two parts, the general issues of sentence suggestions and their specificprocedures, following the logical structure of “what”,“why” and “how”.This paper includes five parts, the introduction of the system of sentencesuggestions, the oversea investigation of the system of sentence suggestions, the presentcondition of Chinese sentence suggestions, the basis analysis of sentence suggestionsand the reasonable mode of sentence suggestions. Part one studies the concept, nature and characteristics of sentence suggestions,providing sentence suggestions with a complete definition.Part two mainly studies the sentence suggestions practice of the representativecountries of the civil law system and Anglo-American system, and reaching someenlightenment for the establishment of Chinese system of sentence suggestions.Part three mainly studies the probation condition of sentence suggestions in Chinaand according to the effects of Chinese practice of sentence suggestions, analyzes thevalue of sentence suggestions and catches the obstacles the practice of sentencesuggestions confronts.Part four partly introduces the legal foundation, legal theory foundation andpractical value foundation of Chinese sentence suggestions.Part five mainly studies the principles, subjects, proposing time and proposingmanners of sentence suggestions as well as their assorting institutions.Obviously, this paper mainly expounds the operability of sentence suggestions,aiming to respond to and provide theoretical supports for emerged sentence suggestionspractice, so as to provide impetus for the development and improvement of the systemof sentence suggestions.