Research On The Sentencing Suggestion System Of Procuratorial Organ

The sentencing suggestion is a proposal the people's Procuratorate of the defendant related issues for sentencing,as the people's court sentencing basis.In fact,the sentencing suggestion is a very important part of public prosecution.The Supreme People's Procuratorate on February 2010 formally promulgated the "guiding opinions of the people's Procuratorate to carry out the work of sentencing suggestion(Trial)",the file has been specified by the people's Procuratorate to the people's court for prosecution,sentencing can put forward specific suggestions according to the reality of the case.From this guidance document issued the content,can reflect the procuratorial organ of our country in the aspects of sentencing suggestion system has been established.Because of China's theoretical circles for the study of procuratorial sentencing proposal system is relatively late,in the aspect of judicial practice to specific Inevitably there will be some problems.So,according to the Supreme People's Procuratorate "sentencing recommendations of guidance on implementation,put forward specific suggestions,provide some suggestion for the further improvement of the system of sentencing suggestion in China.Comparative analysis in this paper,literature research method and inductive method to research the system of sentencing suggestion.The research contents of this paper include three aspects:1.the analysis of the domestic and foreign relevant documents of the sentencing suggestion system,introduces the provisions of law and civil law countries on the sentencing recommendations,and of the two legal systems compared through the comparison shows that the two law systems have common points and different points.2.Analyzed the sentencing recommendations to trial the status quo,through the present situation that exist in China's current legal system of sentencing suggestion,carrier selection,trial procedure,sentencing evidence standard of proof and other issues,the the reason with the prosecution,prosecutors and judges,and program design is improper,the lack of relevant supporting measures.3.According to the practical problems of China's sentencing recommendation system,put forward to clear the sentencing suggestion Discuss the principles,correctly understand the role and limitations of the right to sentencing proposals,and enhance the scientific exercise of the right to exercise sentencing recommendations,and further improve the measures for sentencing recommendations.