Study On The System Of Alteration Of Penalty Proposal

The System of the Alteration of Penalty Proposal is a lawsuit behavior that to change theoriginal Penalty Proposal after the Proposal was made,due to an new evidence, new facts orother circumstances arise which made the original Penalty Proposal was improper.Penalty isone of the issues of both parties,judicial organs, and the public most concerned about.Properand justice penalty is the core issue of human rights protection and judicial justice. ThePenalty Proposal is an important power of procuratorial organs exercise the right of publicprosecution,the proposal is an important reference when the court referees. When the casechanges leading to the original Penalty Proposal is no longer appropriate in the course of legalproceedings,the procuratorial organs have the duty to alter the Proposal.This is not only theobjective demand of founding truth,at the same time as an procuratorial organ’s importanterror correction mechanism,but also the inevitable requirement of procuratorial organsperform accusation function effectively.But the laws and regulations of the Alteration of Penalty Proposal is still relativelyfew,not form a unified application system,the procuratorial organs have to make differentoperating procedures themselves which causes the concrete operation is confusing in judicialpractice.This phenomenon is not conducive to the standardization reform of the sentencingprocess and the unity of legal system.But the academic circles on the study of the system isnot enough in-depth,the practice,neither.This hindered the further development of the systemboth in theory and practice to some extent.In this paper, starting from the conception andtheoretical basis of the Alteration of Penalty Proposal,based on our judicial tradition andpractice,to rethink the System of the Alteration of Penalty Proposal in China, I put forwardsome shallow suggestions on how to improve the system.This paper is divided into fourparts,there are27,000words besides the introduction.The first part is the overview of the System of the Alteration of Penalty Proposal.Startwith the conception, carries on the classification and its nature,and their characteristics aresummarized.Depending on whether the change is in favor of the defendant and the way ofalteration,we can make different classification.The power to alter the penalty proposal belongsto part of public prosecution of the procuratorial organ,is exercising the specific power.Thispower is a program requests.It has the flexibility and standardization.It plays a import role in protecting the legitimate interests and the justice of sentencing.The second part expounds the legal basis and the value of the System of the Alteration ofPenalty Proposal.The nature of prosecution right is the most important theoretical basis,theobjective obligation of prosecutor asks the prosecutor to make the greatest efforts to pursuethe truth of justice and law,and the litigation purpose of safeguard human rights also requiresto make necessary alterations.Establishing the system will be helpful to improve theprofessionalism of the public prosecutors, contribute to the realization of the litigationefficiency,and also the realization of the sentencing justice.The third part is mainly the view of the current System of the Alteration of PenaltyProposal in our country.The lack of legislation causing the confusion in the judicialpractice.There is no clear reason of the alteration,the prosecutor’s authority to alter isunknown,which easily make prosecutors abuse the power.The specific provisions are too briefto operate,which is little conducive to the standardize uniform of penalty procedures.There areno rules on rights of the parties,it is the disregard of the principal position of the parties.The fourth part is my own shallow suggests on improving the system in view of theproblem. In the process of perfecting our country’s System of the Alteration of PenaltyProposal,we must follow the principle of participation, objective and comprehensive,the unityof legal and social effects.Beside this,the system must have a clear status in legislationsystem.the process of altering the penalty proposal shall clear specific provisions to makeprosecutors clear under what circumstances should change the proposal.Prosecutors shouldpay attention to protect the legitimate interests of the parties.In addition, the relatedsupporting systems also should be corresponding improvement.