Sentencing Recommendation Right In China

With the concept of "due process" has been widely accepted, sentencing become ahot issue in modern society based on the rule of law, but with the judicial reform topromote, the Chinese criminal proceedings secret operations sentencing also increasinglyattracted a high degree of social concern, with the increasing expansion of discretion,rights may be abused.Our sentencing recommendation since the pilot has been more than10years, but there are a lot of incomplete at the theory and practice. Due to the absence ofthe relevant aspects of the system of China’s sentencing recommendation, sentencinginjustice, judge abuse of discretion common occurrences. Through the establishment andimprovement of China’s sentencing recommendation system, give the right to theprosecutor, activation of the right to defense of the defense in the course of the trial,sentencing recommendations from the perspective of the public power, in order to balancethe sentencing discretion of judges, in the course of the trial to mobilize the enthusiasm ofthe right to defense, the defense sentencing, so as to achieve the dynamic sentencingmechanism of checks and balances of the trial, this makes the sentencing issues get a fairruling. Therefore, the establishment of the procuratorial rights and sentencing of theproposed system build is the inevitable trend of judicial reform.In this paper, the existing legislative space as a foothold, combined with our ownnational conditions, active introduction of a sentencing recommendation system, by meansof its basic concept, the reasonable value of the basis of its litigation related to thetheoretical problem of deep-level profiling, through the comparative study of system ofextraterritorial sentencing recommendations, insight into the rules of operation of thesystem of sentencing recommendations, seek out the vitality of the sentencing proposedsystem in the soil of China’s legal system, found on the basis of the sentencing proposedsystem suitable for China’s national conditions.