On The Sentencing Suggestion System Establishment In China

The sentencing suggestion pilot work has been carried out in our country for more than10years, about the sentencing suggestion system discussion and study have never stopped, during this period, many experts and scholars and legal practitioners to sentencing proposal system put forward their own opinions. Due to the lack of clear legal provisions of the detailed rules for the implementation of sentencing suggestion system, so the system of sentencing suggestion in various parts of the details of the operation there is no uniform standard, also makes this system in our country there are a huge controversy. As a new thing, the sentencing suggestion system in China has shown great vitality, it is important to improve the litigation efficiency, guarantee the human rights of the accused and safeguard judicial justice has great important. According to the sentencing suggestion system scientific connotation and theory are discussed, and the sentencing suggestion system of litigation value analysis; followed by the analysis of traditional Chinese sentence pattern malpractice, and discussed the sentencing suggestion system in China to establish the feasibility and necessity of the extraterritorial; again for the continental law system and Anglo-American law system of typical state sentencing suggestion system of the relevant provisions of the introduction, analysis of sentencing suggestion system of different countries and the enlightenment to our country; finally the article to our country proposed the sentencing suggestion system put forward specific ideas. This article through to sentencing suggestion system of comprehensive analysis, and a full analysis of the sentencing suggestion system in judicial practice of obstacles on the basis, it proposes the concrete solution, hoping to give the sentencing suggestion system establishment in China some help.