China’s Procuratorial Organs Research On Sentencing Suggestion System

Sentencing recommendation is refers to the people’s Procuratorate of public prosecution, defendant in accordance with the law, the applicable penalty, amplitude and executing mode to the people’s court for advice. Sentencing recommendation is the prosecution right of public prosecution is an important content of. In2010February, the Supreme People’s Procuratorate issued a " people’s procuratorates in sentencing recommendation work guidance (Trial)", which clearly stipulates people’s Procuratorate to the public prosecution in a people’s court cases, sentencing recommendations can be made. The guidance document issued executive mark to wear our country procuratorial sentencing proposal system preliminary establish. Due to the academic circle of our country procuratorial sentencing proposal system research started later, and in the judicial practice is just carrying out soon, there will be many problems, has yet to be perfect, just because of this, the author focuses on the Supreme People’s Procuratorate " sentencing proposal guidance " implemented, local procuratorial organs in practice problems analysis of the reasons,, put forward the countermeasures, in order to perfect our country’s procuratorial sentencing proposal system design.This paper mainly adopts a comparative study, empirical analysis, the system analysis method of writing, this thesis is divided into four parts to discuss. The first part is the power of sentencing proposal overview. The power of sentencing suggestion is the core content of the system of sentencing suggestion, by expounding and comparing the power of sentencing proposal and its related concepts, to clarify the right of sentencing suggestion connotation, character and function. The second part of China’s procuratorial sentencing proposal system practice investigation. Through to our country current procuratorial sentencing proposal system summarizing the main contents, and the overall running situation are reviewed, especially the highest " sentencing recommendations issued guidance " since carrying out, the procuratorial organs found in the judicial practice and exhibited some protruding problems were analyzed, in order to further revise and improve. The third part is to study on the system of sentencing suggestion. Based on the foreign main country of sentencing suggestion system of inspection, to learn from foreign advanced experience of sentencing suggestion system, in order to solve the problem of sentencing suggestion system. The fourth part is our country procuratorial sentencing proposal system perfection. This part is also the focus of this paper, in view of the current our country the sentencing recommendations of the major problems in the practice, put forward suggestions, and to establish and perfect the related system, strengthen and perfect our system of sentencing suggestion.