On Our Country's Procuratorial Organs Sentencing Recommdations System

The system of sentencing recommendation system is a very important part of the modern criminal justice system. It is very important to prevent the judge from abusing the discretion, ensuring the justice of sentencing, improving the efficiency of criminal procedure. Therefore, it is necessary to make a comprehensive study and analysis of the sentencing recommendation system.The first part introduces the overview of sentencing recommendation system. This paper introduces the concept of the system of sentencing recommendation, the legal nature of the legal nature of the public prosecution power, the dual legal nature of the right of public prosecution, the dual legal nature of public prosecution and supervision. In the meaning of sentencing recommendation is conducive to improve the openness, fairness and credibility of the sentencing, and strengthen the supervision of the supervision of sentencing, which is conducive to promoting the reform of criminal procedure, improve the quality of litigation.The second part is the origin and the main legal provisions of our country's sentencing recommendation system. This paper introduces the formation and development of the sentencing suggestion system, affirms and emphasizes the right of sentencing recommendation, and the relevant legal provisions, the law does not expressly stipulate that the procuratorial organs have the right to sentencing recommendations, but the Supreme People's Procuratorate and the relevant documents in the case of the right of sentencing suggestion, the new criminal procedure law also put forward new requirements.The third part is the outstanding problems of the procuratorial sentencing proposal system, mainly introduces the three aspects of the problem:one is orientation of the sentencing suggestion system, interference judge too, by heavy conviction light sentencing concept of criminal law effect; the second is the sentencing suggestion system specification problem, lack of Prosecution Sentencing Proposal entity norms and procedural norms; the third is the validity of the sentencing suggestion system, the accuracy of the sentencing suggestion, mining and reasoning.The fourth part is the investigation of the system of sentencing recommendation system. Mainly introduced the system of sentencing recommendation system in most countries in the world, mainly in the United States, Britain, the United States, other countries in the civil law system and the continental law system, the system of sentencing recommendation system,, Italy, Japan, Russia, Taiwan, and to help us to fully understand the sentencing recommendation system, and to promote the coordination of the system and the relevant system to provide a certain reference.Fifth part of the legislative perfection of the sentencing recommendation of the procuratorial organs. Mainly emphasizes on the to clear the procuratorial sentencing proposal system positioning, changes in the conviction light sentencing criminal idea, optimize the allocation of sentencing suggestion right; further standardize the sentencing suggestion system, contents, forms and procedures of standardization of sentencing suggestion system; further improve the sentencing recommendations system effectiveness, to strengthen the certainty of the sentencing suggestion to strengthen the reasoning of the sentencing suggestion, further sentencing suggestion adoption rate form a complete and effective system, let the criminal proceedings in the parties to rule-based.