Sentencing Proposal System Research

Sentencing proposal system is a brand new subject put forward by the prosecuting authority in its process of prosecution reforms. The trial implementation of this system has drawn much attention from the theorists, implementers and the whole society. In order to better play the role of the sentencing proposal system in ensuring the fairness in sentence, accelerating the litigation procedure, as well as optimizing the justice supervision, this thesis analyzes the concept of the right of sentencing proposal, the theory and practice of external system of sentencing proposal, along with the current situation and construction of the system per se in our country. In order to make a comprehensive and systematic research, this thesis integrates the approaches of comparison, analysis and induction.It can be divided into four parts:The first part is the summary of sentencing proposal system. By comparing the representative viewpoints from theorists and implementers, the thesis not only tries to explain the concept and the nature of the rights of sentencing proposal, but also expatiates on its theoretical basis, so as to show the rationality and necessity of this system in existence.The second part studies on the external sentencing proposal system. This thesis selects some typical countries from the American Law and the civil law system to introduce and compare their sentencing proposal systems. In hope of providing some references for the construction of sentencing proposal system of China’s prosecuting authority, this thesis has summarized the similarities and differences of the sentencing proposal systems among the countries from these two law systems.The third part discusses the sentencing proposal system in China. By introducing its recent development, this thesis sums up the achievements and the existing problems brought about by its trial implementation as well as a certain experience of sentencing proposal reforms that merit attention. Meanwhile, the thesis illustrates its opinions on the disputes about the sentencing proposal system in reality.The fourth part, which can be considered as the most important section of the whole thesis, mainly discusses the construction of the sentencing proposal system established by the prosecuting authority. This thesis combines the viewpoints of scholars in this field with the experimental experience, and tries to draw the outline of the structure of the sentencing proposal system in terms of court procedure, functions and the securing mechanism of the prosecuting authority. In this thesis, the basic principle and solutions of sentencing proposal are well explored to ensure the efficient application of China’s sentencing proposal system in practice.