Discussion On The Construction Of The System Of Sedtencing Proposal In China

Long-term since, our country for sentencing proposal system not expressly inthe law, have different understanding and knowledge to it in the judicial practice,lead to its long-term hard to fully develop smoothly in judicial practice, can only inpart to try and push. At the same time, there has also been controversy on whetherit should be practiced and how to implement in the theoretical circle. This articlebegin from the theoretical basis of sentencing proposal system, and make theexpounded and evaluation to beneficial experience of sentencing proposal systemof foreign countries of two important legal systems, based on the present situationof China’s criminal trial system and pilot operation of sentencing proposal systemin some areas of our country, make research and analysis the necessity andfeasibility of sentencing proposal system in China’s specific construction system,above this foundation, make the thoroughly discussed and put forward some ideasto specific construction of our sentencing proposal system.This paper consists of four parts; the first part makes the general descriptionto sentencing proposal system. First of all, this paper discusses the concept andcharacters of sentencing recommendations, through the analysis and summary oftheory of theoretical circle to get the appropriate sentencing recommendationsconcepts; Second, make the further research to legal basis and theoretical basis ofthe sentencing recommendations, analysis the legal basis of the existence ofsentencing recommendations; Finally, make the further research to the value of thesentencing proposal system, which mainly reflected in justice and efficiency twoaspects. The second part make a briefly investigation analysis to sentencingproposal system of foreign countries of two important legal systems. First of all,introduced the Britain and the United States sentencing recommendations systemwhich are the representative countries of Anglo-American law system; Second,introduced the France, Germany and Japan sentencing recommendations systemwhich are the continental law system country representative; Finally, make a comparative analysis of the countries of two important legal systems of sentencingsuggestion system, find out of the common and difference between them, andexplains the enlightenment that the sentencing proposal system of foreign countriesto our country. The third part of further research analyzes the necessity andfeasibility of sentencing recommendations system in China’s specific construction.First of all, from our building sentencing recommendations systems are the pursuitof the efficiency of lawsuit, the judge sentencing authority restriction, sentencingstandardization reform and an irresistible trend in China’s criminal litigationsystem development and so on four aspects to analyze the necessity of specificconstructing sentencing recommendations system in our country; Secondly, Basedon relevant rules of sentencing recommendations and research and analysissentencing recommendations of the system in the pilot operation practice in ourcurrent normative legal documents, and the quality of prosecutors have reached therequirements of the operating sentencing proposal system, the establishment ofsentencing proposal system accord with litigation principle and the trend of theworld, etc and Comprehensive analysis the construction of the sentencing proposalsystem in China is feasible. The fourth part is some proposals of sentencingproposal system in China’s concrete construction. First of all, summarizes thesentencing proposal system in our country construction principles; Secondly,deeply analyzing the main body of the proposed and its content; Again, from thetime,way and after processing of sentencing recommendations, etc put forward hisown opinions to Program Settings of sentencing proposal system. Finally, getthrough to adjust the criminal trial procedure in the legislative and judicial practiceto cooperate with the operation of sentencing proposal system.