Research On The System Of Sentencing Proposal

With the deepening of the reform of the judicial system, sentencing reform has been part of the grass-roots level prosecutors and courts to promote. The procuratorial organs Trial a sentencing recommendation system, in the context of the reform of the judicial system. The sentencing recommendation system experience a questioning, opposition to accept the pilot process. This is also the academic point of view, or even between different rights contest with the game in the process. For the moment, a lot of places and launched a sentencing recommendation pilot work, the effect is significant. Future sentencing recommendation will be fully open nationwide grass-roots procuratorial organs. In the course of a trial, the sentencing recommendation system also exposed some problems to solve these problems in order to make a sentencing recommendation system really took to the road of healthy development, only in practice, constantly.Firstly, start from the sentencing recommendation system theory, clearly the nature of the sentencing recommendation right, aimed at the source by analyzing the sentencing recommendation right attributes to establish the legitimacy and necessity of the procuratorial organs to exercise the right to sentencing recommendations. Second, Two Schools in representative national sentencing recommendation system and associated standardized sentencing measures the comparative analysis of the attempts to distill the experience summed up the sentencing recommendation system, to provide a reference for building our sentencing recommendation system. Again, we start from the operation mechanism of the procuratorial organs discusses the formation mechanism of the sentencing recommendations, for procuratorial organs sentencing recommendation system operation smoothed relations, draw a clear line of responsibility and build effective operational mechanism. After further sentencing recommendation included in the trial proceedings of the court, the court as an important participant of the the sentencing recommendation system reform, to truly implement effective sentencing recommendation. Finally, this article applicable sentencing recommendation, sentencing recommendation system some ideas, such as the introduction of pre-trial discovery system, standardize probation adaptation.