Imperfection And Solution In Sentencing Advising Of The Procuratorates In China

The supreme judicial authorities make a consensus with the procuratorates onestablishing the sentencing advisement, which then is incorporated into the criminallawsuit as a specific rule. With the sentencing recommendations proposed by theprocuratorates, the procuratorates can play a more powerful role in supervision. Also, theprocedural rights of concerned participants can be safeguarded, as well as the supervisionand restriction to the Court’s sentence. All those will contribute to the sentencing work tobe heard, impartial and fair. Some effective results of the sentencing advisement arevisible with its two years’ implementation. Still, some problems remain, such as the ideaobstacle, the deficiency of system and the failure of practice. And most arguments ofsentence tend to focus too much on the formalism. Meanwhile, the scope of sentence islimited. In our opinions, the sentencing advisement can be improved in three aspects: ideachanging, system establishment and practice.