On The Legitimacy And System Construction Of The Sentencing Recommendation In China

Sentencing recommendations are at the grassroots level of the judiciary to explore more than a decade of practice, practice has proved that its judicial sentencing to regulate behavior have a significant effect. 2012, China’s "Code of Criminal Procedure," made substantial changes, the newly revised "Criminal Procedure Law" Article 193 is adjusted to content "During a court hearing on the conviction and sentencing the relevant facts, evidence should be investigated, debate ", the first sentence of the facts and evidence included in the court investigation and debate session, to ensure the impartiality of the judiciary has significant progress. However, the modification will still experience a lot of useful sentencing reform program fully absorbed in the sentencing process is also provided on the lack of independence, especially not on the sentencing recommendation system for specialized requirements. In view of this, the prosecution’s sentencing recommendation to study aspects of both theory and reality has far-reaching value and significance.In this paper, on the prosecution’s sentencing recommendation related concepts defined on the basis of the theory discusses the legitimacy foundation sentencing recommendation:sentencing recommendations with a solid legal basis, newly revised "Code of Criminal Procedure," and the introduction of two high and sentencing recommendations related to the normative guidelines for the exercise of the right to the prosecution’s sentencing recommendation provides a legal basis; the pilot Experience and achievements region provides a practical foundation sentencing recommendation, sentencing recommendations put forward to improve the quality and level of indictment the prosecution, to protect the rights of the parties of the proceedings also important. both China’s national conditions and learn from the advanced experience of the West: including strengthening legislation, two high form a unified understanding on the relevant judicial interpretations, improve the relevant procedures, improve job security and related supervision mechanism and so on.