Economic Analysis Of The Sentencing Proposal System

Sentencing proposal means suggestions for sentence recommendations while theright of sentencing proposal is the core power of the right of prosecution. According withhuman rights theory, legal justice theory and the theory of legal supervision, theconstruction of sentencing proposal system which has the legal basis for its existence isconstitutional and legitimate.Any legal issues contain economic issues, so is legal system innovation. Subjected toscarce judicial resources and deprived from deep institutional environment, sentencingproposal system leeches on to the arrangement of systemic criminal proceedings system.Legal economics effectively builds sentencing proposal system, which provides a new fieldof vision, innovates research methods, and enriches the theory basis and value implication.From the aspect of ontological attributes, as one of the latest achievements oflitigation law system innovation in our country, sentencing proposal system which is aunity of legal rights and responsibilities has an important function for strengthening therights of public prosecution and legal supervision.From the aspect of objective attributes, sentencing proposal system is not onlyprocedural guarantee for sentencing justice, human rights protection and lawsuit efficiency,but also strengthening measure for criminal procedural structure and criminal trialsupervision. As an effective implementation of criminal policy, the construction ofsentencing proposal system is a positive response for international criminal judicial trend.Based on the analysis method of legal economics and the survey of sentencingproposal system operation in the domestic and international procuratorial organs, weshould correctly deal with the relationships of "costs and benefits","justice and efficiency","institutional demand and institutional supply “and perfect the sentencing proposal systemin our country from the aspects of system environment, system arrangement and operationmechanism and so on.