Study On The Relationship Of Restriction Between Power Of Sentencing Suggestion And Jurisdiction

On October 1^st,2010,Five Ministries jointly issued <About the opinions on some issues of sentencing procedures>,and the supreme people's court issues The people's court sentencing guidelines?trial?,which marks nationwide trial implementation of the sentencing standardization reform and the foundation of Jurisdiction system of Sentencing Suggestion restricted by Power of Sentencing Suggestion.However,under the background of file-centralism or investigation centralism,the trial is blurred and the sentencing survey is attached to convicted survey or neglected.There is not enough attention to the collection of sentencing evidence and sentencing information from investigation to review and prosecution and to open the court session for trial.There are a lot of obstacles in bringing the sentencing suggestion right and sentencing debate into court trial,giving the judge sentencing reasons for the written judgment to realize sentencing suggests ‘restriction to the sentencing jurisdiction right.This article will be in the perspective of Litigation System Centered on Judgment and analyze the restrictive relation between sentencing suggestion right and sentencing jurisdiction right,combining Litigation System Centered on Judgment on making trial substantive and the principal of comprehensive evidence,which basically comes up with the improvement and refactoring approach on the restrictive relation between sentencing suggestion right and sentencing jurisdiction right.?1?Standardize the sentencing entity standardization,circumstances of sentencing,Sentencing evidence standardization and improvement on the case guidance system,under the guidance of the anamnesis of severe punishment and sentencing balance,to set up unified sentencing judge standard.?2?Establishing completely independent and relatively independent sentencing procedure and regression sentencing trial substance attaches independent sentencing procedure to sentencing suggests influences that evidence should undergo independent investigation and debate.Make a sentencing judge according to the trial of sentencing plot and the comprehensive review of the evidence,basically on full debate between the prosecuting and defending parties and opinions of the victims,and give reasons.