The Perfection Of Sentencing Suggestion Of Procurator Agency

The sentencing suggestion system, as an important part of the reform of public prosecution system in China, its establishment and perfection will undoubtedly has a positive role in promoting the true public of the criminal trial and then reflecting the judicial justice.This paper makes comprehensive research in the sentencing suggestion system by using conclution, comparison, analysis and other methods, and provides some effective methods to solve the problems which exist in the current practice of China’s sentencing suggestion system, to expect to do some help to the improvement of the sentencing suggestion system in China.In our country, there are different representations on sentencing suggestion and the right of senteneing suggestion. In the author’s opinion, senteneing suggestion is a lawsuit that the procuratorial organ makes suggestions of the defendant’s specific sentencing to the court, the right of senteneing suggestion is a judicial request right that the procuratorial organ proposes requirements of defendant’s conviction and sentencing as specificly as possible. This right does not belong to the category of legal supervision power, and does not have the final.In China, to establish and perfect the system of sentencing suggestion is not only necessary, but also feasible. Necessity is mainly embodied in that it is helpful to the realization of judicial justice, the efficiency of the criminal litigation and the guarantee of the litigants’ rights. Feasibility is mainly reflected in its establishment has certain legal basis, theoretical basis, policy basis, practical basis, and is in line with international practice.In recent years, the sentencing suggestion has been practiced extensively in China, and has obtained the certain result, but also has some problems and deficiencies in system and practice. For examble, procuratorial organs, judicial organs and the parties have misunderstandings of the right of senteneing suggestion, legal provisions are not clear, the applicable scope and the operational procedure of the sentencing suggestion are not standard. All of these have affected the results of the sentencing suggestion.The legislation and practice of foreign’s sentencing suggestion system has some useful experiences which we need. On this basis, we can make some idea for sentencing suggestion system’s perfection from five aspects to make sure the sentencing suggestion system can effective operate and further improvement.