Sentencing Proposal Obstacles And Legal Exercise Of The Right Solution

Prosecutors the right to exercise sentencing recommendation is a modern judicial system is an important sign of progress, with the modern rule of law is fair, transparent and so the constant pursuit of the rule of law and the separation of powers, rule of law, human rights protection, the principle of increasing concern, given the prosecution sentencing recommendation rights will naturally become the rule of law development inevitable move. Because of the lack of preparation, China’s procuratorial proposals right from the outset the parties to face questioning, but in any case, one thing is undeniable that the prosecution’s sentencing recommendation right has a solid basis in theory:it is as the prosecution in criminal proceedings is an important powers, in line with the prosecution in the positioning of organs of state power; it is not only conducive to the promotion of the establishment of the adversarial model, but also help improve the revised criminal Procedure Law for procedural justice construction, but also to better highlight the traditional " do not sue forget" principle; prosecutors requested it as a judicial confirmation of their alleged criminal penalties for sanctions on the basis of a right to be, is the proper meaning of public prosecution. However, although the prosecution sentencing recommendation has deep roots right, but in practice compared to other prosecutorial power, its innate late start, combined with the implementation of supporting systems acquired is not perfect, so at this stage of the prosecution sentencing recommendation right in practice inevitably struggling:Legislative basis for unknown causes procuratorial proposals Shichuwuming; basic concepts and business qualities shortage caused in the process of implementation of a lot of criticism; operating specifications scarcity makes procuratorial proposals in judicial practice a difficult undertaking; mandatory power shortage is a direct implementation of the road diminished its power. The face of these difficulties, the most fundamental thing is to resolve these obstacles from the institutional level:the prosecution must establish the legal basis for the right sentencing recommendation to its "name"; followed for the exercise of this right to develop a system implementation and constraints rules for the implementation of a comprehensive and secure swinger institutional barriers; finally focus on improving business literacy prosecutor for the Attorney General to consolidate the implementation of the proposed system to provide adequate human resources and support. Furthermore, to ensure the right of the prosecution sentencing recommendation fully implement in practice the operation, but also explicitly exempted from criminal punishment for probation and sentencing these two special way, prosecutors also need to be included within the sentencing recommendation considerations, while Explore establish appropriate operating procedures, thus ensuring complete fulfillment of this right.