Research On The Power Of Sentencing Suggestion

The right of sentencing suggestion since the trial has a role not to be ignored in the pilot trial of the middle,but there are also many problems.For the nature of the sentencing suggestion system,operation mechanism and necessity of such problems,the judicial and theoretical circles is Public opinions are divergent..The power of sentencing suggestion is the defendant to be prosecuted,the procuratorial organs according to the circumstances of the crime and the fact that the defendant master,put forward a kind of power of sentencing suggestion to the people's court.It is not a new type of power,it is part of the right of public prosecution,only enforceable in the procedure,from nature for the power of sentencing suggestion is a kind of legal supervision power.This system can improve the litigation efficiency,saving judicial resources,has very important significance to the realization of judicial justice and legal authority maintenance.Therefore,improve the system of sentencing recommendations on China's judicial circles have been imminent.In our country,establish and perfect the system of sentencing suggestion is necessary,but also feasible.The sentencing suggest ion system can not only improve the efficiency of litigation,to ensure judicial fairness,more conducive to the protection of the defendant should enjoy the litigation rights.And some of our existing laws and regulations also contains some relevant contents of sentencing the proposal,with certain legal foundation.At present our country's sentencing recommendations work has been carried out gradually,the effect is very obvious.But d i d not fully achieve the desired results,because in the judicial practice encountered a series of problems.The reason is because of China's sentencing recommendation system is still in the exploratory stage,to realize judicial justice is a long a long way to go.This paper is mainly divided into four parts on the right of sentencing suggestion is discussed.The f irst chapter expounds the basic theory of the right to sentencing recommendations.Summarize the concept of the right of sentencing suggestion,the attribute and the rationality of the second chapter.From the legislation,practice,three aspects of the trial,analysis of our country at present The implementation of the right of sentencing suggestion system is what the situation is,what are the problems and what will be the impact.The third chapter is the analysis and comparison of the western system of sentencing suggestion.This paper mainly introduces some civil law and common law countries of the common points on the sentencing suggestion system and differences are discussed and summarized,which can bring what kind of enl ightenment to China's sentencing recommendation system.Construction started on the system of sentencing proposal in China.The fourth chapter includes the right of sentencing suggestion specific framework and sentencing recommendations of the relevant mechanism.