The Research On Sentencing Supervision System In China

Procuratorial organs is an organ of the state legal supervision, judicial supervision is an important part of the procuratorial organ of legal supervision.Trial supervision is divided into entity and procedure supervision and entity supervision includes the supervision of the case facts recognized, conviction and sentencing supervision of three parts.China’s "heavy, light sentencing" trial mode, led to the current lack of attention to the sentencing supervision.Sentencing supervision is in the process of the procuratorial organs in criminal lawsuit activity, according to law to the legal supervision, and in the statutory procedures, standards, and forms, to urge the court sentencing right, review, inspection to promote the activities of the sentencing justice.Sentencing supervision and procuratorial organs of legal supervision is important to reflect, is also one of the important link of criminal proceedings.In this paper, we discuss the sentencing is the narrow sense of sentencing supervision, only refers to the sentencing supervision and procuratorial organs.When sentencing a key period of reform in our country, research and improve the system of sentencing supervision on sentencing reform has an important role in our country, the progress of the judicial reform has a major significance to our country.At present, the domestic criminal law educational world the research emphasis is sentencing benchmark, sentencing recommendations and sentencing debate, on the research of scholars have a lot of writing and have insight into paper.In sentencing supervision is formed, in contrast, little, just some paper sentencing supervision and the status and the problems in a certain respect of the proposed own view and opinion, few studies on sentencing supervision system perfect.Of course, the formation of a system are many factors to consider, this article only from the perspective of entity and procedure to build as well as system restriction analysis improve sentencing supervision system.Sentencing supervision includes the supervision of entity criterion for the court system, including the supervision of sentencing procedures, so the supervision of the procuratorial organs of sentencing is comprehensive.This article first expounds the basic meaning of sentencing supervision, and then introduces the Anglo-American law system and continental law system countries for sentencing supervision system, the rules of the and the significance of sentencing supervision system in our country to build;Then analyzes the actuality of sentencing supervision and solution;Sentencing supervision system in our country are introduced in the last, the standards of the entity and procedures.