On Sentencing Proposal And The Perfection Of Its System

Theoretically speaking, procuratorates are able to put forwardsentencing proposal in all cases of public prosecution, but due to the lack of concreteand specific standards for measurement of penalty, sentencing proposal still fails tochange the disparities of measurement of penalty. This dissertation makes an analysisof its scope, content, form, procedure and restraint authenticity in dealing with theimplementing of sentencing proposal in the practice of Guangdong province. In thewriter’s opinion, at present, in which kind of cases sentencing proposal can be putforward should have a concrete scope. When putting forward sentencing proposal,procurators should give priority to relatively concrete proposal instead of absolutelyconcrete proposal.In the meanwhile, the proposed measurement of penalty should beslightly high and its range should not be too wide. Sentencing proposal should be putforward in the indictment in addition to being legally explained in details. Before that,procurators should listen to be views of the two parties, do sufficient investigation,recover money embezzled, and make possible mediation.Putting forward sentencingproposal should abide by the procedure for examination and approval.If sentencingproposal fails to be adopted by the law court without any lawful reason,procuratorates should put forward protest in order to stand up for the authoritativenessof law.