The Regulation And Enforcement Of The Power Of Punishments Measuring

As the supreme people’s court, the supreme people’s procuratorate, ministry of public security, nationalsecurity, justice "about standard sentencing procedures opinions on some issues of the supreme people’scourt and the people’s court sentencing guidelines" issue, the procuratorial organs in a case of publicprosecution to put forward specific sentencing recommendations become the key in the reform ofprocuratorial work perfect system. Through the people’s procuratorate at all levels of the judicial practice,has gradually to confirm the effective measures to enhance the criminal case of sentencing impartiality,accuracy, to improve the efficiency of lawsuit. In practice, the procuratorial organs sentencing suggestionwork has been gradually programming, institutionalization, standardization, but as a practice "new" judicialmeasures, will encounter from reality and the test of impact. So far, sentencing suggestion system still hasnot been granted legal status, the procuratorial organs sentencing recommendations work a formalization,end up a "wishful thinking". In addition, the procuratorial organs sentencing their own lack of unifiedexternal standard and internal standard, resulting in the form of sentencing recommendations multifarious,case sentencing amplitude difference is bigger, making the sentencing suggestion legal effect to sell at adiscount greatly. In order to further realize sentencing JianYiQuan theory ought to state and operation of thereality of the unity of the state, from the sentencing suggestion system implementation present situation,summarizes two years for trial implementation process of advanced practices, and combining the theory ofcriminal law and profit from the overseas advanced practice, in-depth analysis system of sentencingrecommendations in the operation of the existing problems and the direction of reform, from the legislationlevel and practice level propose effective improvement measures. This paper is divided into four parts, atotal of more than twenty-three thousand words.The first part, the paper first to sentencing suggestion system theoretical discussion. In the current lawand judicial interpretation, not for sentencing JianYiQuan concept, properties explicitly stipulated, andunderstand the essence of a system is the basis of how to perfect the system. So this part emphatically fromthe theoretical level to explore JianYiQuan sentencing the definition, legal basis, attribute, etc., and in thepractice of the typical cases reveal sentencing suggestion system necessity and inevitability for the correctunderstanding of the system, suitable lay the foundation.The second part, to district procuratorate, foshan city, guangdong province, as samples, through to theauthor of the work OuYuan sentencing recommendations work more data, classical case to carry on theanalysis, reflect our country practice sentencing suggestion overall running status. Firstly this paper hasintroduced a OuYuan the system implementing the three stages of the situation and change, thensummarized the sentencing suggestion the basis of system configuration, and finally summed up a OuYuansentencing suggestion work on practice, be sure the work achievement.The third part, combined with the implementation condition sentencing recommendations, and pointsout that the sentencing suggestion work problems existing in the operation, and analyzes the reason, especially legislation authorized blank, the procuratorial organs own standard loss, sentencing suggestion isnot perfect supporting system of restriction.The fourth part, in view of the above mentioned the problems existed in the practice, combined withthe basic theory and profit from the overseas advanced practice, from the legislation level, at the practicelevel two generous facing sentencing JianYiQuan regulation and strengthen put forward its own ideas, inorder to out of the procuratorial organs and judicial organs in sentencing the dilemma, give full play to thepublic prosecution organs of supervision over the work of the criminal justice, to realize the sentencingjustice, maintain legal unity.