Standardized Sentencing Sentencing Perspective Procuratorate Proposed Research

It is not standard in view of the court discretion of punishment, starts from May,2009in the individual Grass-roots court experiment site discretion of punishment standardization reform, Starts in October,2010in the national court comprehensive implementation discretion of punishment standardization. According to the Supreme Court、Supreme People’s Procuratorate issued the relevant documents, court proceedings in criminal cases, the introduction of court sentencing recommendations and sentencing in the court survey evidence and evidence in court debate debate. One of as in innovation discretion of punishment standardization reform luminescent spots----Sentence proposal,is concerned by society. In order to play a supervisory sentencing recommendation and restrict the discretion of the judge’s role, make sentencing recommendations in the healthy development track,this paper is divided into Preface、the three parts of the body were described.Foreword is to show the reader the sentencing stage of China’s scholars study the article propose some standardization of the content and documents on sentencing and sentencing recommendations to implement the work of reading the file. Let the reader understand the purpose of writing this article the author.The first part is to write sentencing recommendations and sentencing standardized links and differences between, so that the reader of standardized sentencing and sentencing recommendations have a more comprehensive understanding. First, a brief content of the sentencing reform and sentencing three steps are explained in detail, and in practice how to operate the three-step sentencing have also been described; second, more on the prosecution’s sentencing recommendation for the definition and the proposed method explained, while the current status of sentencing recommendations are described, also the prosecution’s sentencing recommendations and sentencing court drew a distinction between contrast; Third, set a sentencing recommendation and standardized sentencing positive interaction; Fourth, reflecting the Procuratorate sentencing recommendations for the standardization of sentencing requirements.The second part is the focus of this paper is mainly to show the reader sentencing under the sentencing standardized view the status of recommendations, which reflect the status quo through the issues, and their issue and the status quo is what causes, in order to make realistic improvements lay the foundation. This part of the standardization of vision around the sentencing the prosecution’s sentencing recommendation under the status quo、to analyze the problems and causes. First, a sentencing recommendation set out in the four status. Secondly, according to the status quo sentencing recommendation that sentencing under the sentencing recommended standardized field problems. Finally, the combination of status and problems to find out reason.The third part of the second part with the status quo、problems and propose targeted because standardization was proposed sentencing under the sentencing recommendation vision improved method is also the focus of this article. This section described from three aspects. First, from the perspective of improving the system of related work in three areas, respectively, wrote the improved method; Second, to enhance the ability of prosecutors the point of writing the two aspects of the improved method; Third, improve the supervision mechanism from the point of writing a method to improve two aspects.Through this analysis of the sentencing recommendations to achieve the sentencing recommendations in the track of healthy development, play a supervisory role of sentencing, to achieve the purpose of sentencing reform-so that the sentencing process transparent、fair, reflecting the ultimate goal of justice.