The Prosecutorial Supervision Context Of Sentencing Reform

Standardization of sentencing reform in the judicial practice for more than ten years to explorethe history of judicial decision-making high-level planning and specification in document form.Court system and prosecution system corresponding efforts to focus on the former to thesentencing entity specification covering the sentencing proceedings, the latter mainly Attorneyrecommended as the primary carrier. Grass-roots exploration and the introduction of the highestjudicial organ of normative documents interspersed. Determined from the highest judiciary "in fullswing" and also nearly two years, the sentencing reform has stagnated whole.Oversight object-Court sentencing reform sentencing complex calculation methods, programdesign unscientific, the parties involved in is not high, the lack of admissible sentencinginformation and regulatory difficulties; procuratorial organs from the supervisory body-own pointof view,a sentencing recommendation to design and promote the basic carrier, but, on the one hand,the sentencing recommendations existence of the lack of a legal basis, and lack the force of lawissues, on the other hand, the alternative to the the procuratorial organs involved in sentencingactivities, both weakening the prosecution sentencing recommendationsfunctions connotation insentencing activities, objectively lead to the continued absence of the Attorney sentencingoversight entity standard, not a far cry from the expected with the social effects of self-assessment.Sentencing recommendations can not, and should not replace or carrying the functions of theprosecution in the sentencing reform. As legal supervision organs, procuratorial organs should notonly actively involved in sentencing reform, but also to fully implement the sentencing oversightresponsibilities, to proceed from the dual supervision of the entities and procedures, accuratepositioning of their roles, and actively participate in the sentencing rules to formulate an effectiveresponse to the reform of the sentencing process, enhance sentencing supervision of quality andefficiency, protection of sentencing reform to achieve the desired objectives and the defaultprocess.