Research On Sentencing Proposal Of The Minor Crime

Non-penalization,light punishment,Non-jailed mode of Criminal Minors is the prevailing trend in the international community.In recent years, the calls of all Sections of Society for strengthening the judicial protection is gradually rising, influencing the judicial practice. Sentencing issue is the contact of the theory of criminal law.Sentencing suggestion is an import form and a new measure of exercising the function of public prosecution and supervision, making sense to safeguard the legitimate rights and interests of Minors and the implementation of individualized penalty, In practice, sentencing suggestion on juvenile criminal cases of the procuratorial organs is actively exploring and in preparation. The paper discussed the relevant issues, combining with actual facts about minor crime sentencing suggestion in Xiangshan District, Huaibei City, Anhui Province, The text is divided into three parts, the first part introduce the main methods of minor crime sentencing suggestion, based on the analysis of the concept and application value of sentencing suggestion, discuss the basic principles and methods of the minor crime sentencing suggestion and the system of the sentencing proposal for minors, emphatically summarize the pleading and answer system of sentencing suggestion. The second part summarizes the problems existing in the process of the minor crime sentencing recommendations, considering that the running mechanism of sentencing suggestion remain to be further perfect, such as obstructed channels for information of sentencing acquirement, change permissions for sentencing suggestion undefined, the lack for evaluation mechanism of sentencing recommendations; sentencing standard not unified,the broad range of sentencing rules, sentencing standards difficult to accurately grasp, many complicate factors of Minor crime sentencing; The criminal pre-trial case social investigation became a mere formality; Sentencing argument against lack substance. The third part is about the suggestions to improve the system of minor crime sentencing suggestion, including:perfecting the operating mechanism of sentencing suggestion, the key is to set up the evidence collection of linkage mechanism, improving the pleading and change mechanism of the sentencing suggestion, building system of reasons things out and supervision, formulating unified reasonable elaboration criterions for the minor crime; implementing Minors pre-trial system of social investigation, ruling the system of investigation of personality intio juvenile defendants, tring to building the system of performance of detention for juvenile detention.