On Our Country’s Procuratorial Organs Sentencing Recommendations System

Sentencing recommendations from since the trial implementation of the system,itis very popular in the society from all walks of life,especially the attention of legalprofessionals. The author in China’s procuratorial organs under the sentencingrecommendations system, introduced the system of the various aspects of theproblem.In this paper, the author briefly introduced the first in procuratorial organs ofChina, the development of the system of course sentencing recommendations, to drawout the specific discussed below. In the text, the author from the following three partsare discussed.The first part,sentencing recommendations system overview.This part ofsentencing recommendations to the concept, characteristics, the existing theoreticalbasis and the law according to are discussed, and focuses on the sentencingrecommendations to improve the system in our criminal judicial impartiality and ofthe public credibility, enhance the procuratorial organs of the legal supervision ability,improving the efficiency of lawsuit roles. Then, sentencing recommendations toprinciple of operation and effectiveness were introduced, in procuratorial organ ofChina in accordance with the principle of sentencing recommendations includesentencing suiting punishment,"tempering justice with mercy" and equilibrium offour aspects, the validity of the sentencing recommendations include initiatingsentencing program and restricting the sentencing judge and the default rulersupervision three aspects. In sentencing recommendations outside system, the French,German, Britain, the United States four countries of the relevant system wasinvestigated, and the positive experiences are summarized.Second, the empirical analysis of China’s sentencing recommendation, the authorfirst described based on the specific operating methods and procedures of the legalnorms on the sentencing recommendation, and combined with practical cases to determine the starting point, analysis of the reference sentence, the proposedmagnitudesubject, and the implementation of the proposed manner and timing aspectsin detail to illustrate the analysis and then, such as pay enough attention to thesentencing recommendations put forward are not standardized, and the sentencingfactual investigation and evidence collection is not comprehensive, there is no clearevidence discovery system, it is recommended tolack of protection should not createspecial sentencing recommendation system leads below the sentencing of theproposed system perfect.The third part is the main body of the final part of this paper, mainly in the earlierpart of the system of China’s sentencing recommendations by low do improvementSuggestions. First of all, puts forward the mode of operation sentencingrecommendations, including improving importance and enforcement, the standardway forward and comprehensive given circumstances; Secondly, put forwardsentencing recommendations evidence open system, this paper put forward clearevidence exhibiting two-way sentencing sex obligations, and evidence open range andexhibiting program;At last, the lack of security sentencing recommendations of theactual situation, the author proposed the sentencing recommendations guaranteesystem, and adheres to the special problems of the special treatment principle, theauthor puts forward a minor criminal cases and minor criminal case special rules thatsentencing recommendations.