The Research Report On Exercise Situation Of The Power Of Sentencing Proposal Of The Primary Procuratorate In G District People’s Procuratorate As The Angle Of View

The power of sentencing proposal of the procuratorate is critical to the operation forsentencing procedures. The Supreme People’s court implementation of sentencing procedurereform initiatives that was shelved for several years the prosecutor the power of sentencingproposal again into the theory and practice field of vision, a series of problems around thepower of sentencing proposal generated controversy once again become the focus ofsentencing procedure problem. Therefore, the purpose of this paper is based on the power ofsentencing proposal ’s actual operation conditions were examined, analysis, found that theactual operation of the existing problems and shortcomings, and through the analysis researchput forward some targeted suggestions.This text includes four parts except the introduction:The first part is the theoretical and practical circles on the power of sentencing proposalof concept and property disputes do one card, and this thesis is accepted, the limits of criminalright of the main quantitative recommendations for the procuratorate, rather than thedefendant and the defender, the victim and his agents ad litem; second, clear the nature of thepower of sentencing proposal judicial claim, right of public prosecution is the inevitableextension, in essence a seek punishment right. This article does start basic theory.The second part of the research units of the power of sentencing proposal to carry out acircumstance to make detailed introduction, from the system on the basis of the specificdesign of the system, to carry out the effect of.The third part mainly analysis in sentencing proposal power reflected in a series ofproblems, both the design of the system at the beginning of the laws and regulations and themacroscopic aspect, also has the procuratorate evaluation mechanism to restrict, prosecutorsunderstanding issues and business quality deficiencies to a certain extent restricts the powerof sentencing proposal fully exercise. From the outside, court, Procuratorate law how to dealwith the power of sentencing proposal, on the power of sentencing proposal of the healthyoperation plays a very important role.In the fourth part of the third part of the paper proposes several suggestions to perfect.First elaborated the sentencing recommendation to exercise the right of the principle of a basis,it is guaranteed that the sentencing suggestion system and the power of sentencing proposal exercise reaches its proper function is essential, and then separately from macroscopic andmicrocosmic aspects and puts forward several measures, such as physical punishment withguidelines, the Prosecutor Training, examination and approval procedures simplified.