The Problems And Perfection Of The Prosecutorial System Of Sentencing Recommendations

Criminal charges in addition to the defendants' criminal facts, but also according to the crimes give corresponding punishment, which is fit for the embodiment of the principle, but for a long time, the procuratorial organs in the performance of the public prosecution function only focus on criminal facts, rather than punishment. The first trial in 1999, the Beijing dongcheng district people's procuratorate sentencing proposal system, namely to join in the process of trial link of sentencing suggestion. In 2005, the supreme people's procuratorate started the pilot job of sentencing recommendations. In 2009, the supreme people's court issued in the people's court sentencing recommendations guidance (trial) ", and the joint of the supreme people's procuratorate and five departments issued "about opinions on some issues of sentencing procedures (trial)", the two files, make the sentencing standardization reform work throughout the country. After the sentencing standardization work, there is no new standard sentencing recommendations papers, and in practical work, sentencing suggestion put forward way, sentencing standards, calculation methods, sentencing process there are different levels of problems. The grass-roots procuratorates bear most of the criminal case, the accuracy of sentencing suggestion, openness, strong feelings for the problems existing in the sentencing suggestion, were also more likely to suggest a more suitable for work according to the practical work. The author as a grassroots people's procuratorate prosecution department policemen, from the Angle of the practical work, hope to be able to put forward the perfect measures of more practical, in order to prompt justice of sentencing recommendations.This article is divided into three parts, the first part of the sentencing recommendations related concepts, functions and principles. First of all, clear sentencing suggestion, sentencing suggests, the concept of sentencing proposal system, accurately grasp the relationship between the three, second, clear sentencing suggestion work's function in practice, in the end, according to the present specification should grasp the principle of sentencing recommendations.The second part from the Angle of the grassroots people's procuratorate on sentencing proposal work present situation, to analyze the existing problems.The third part of perfect measures of our country's sentencing recommendations. In this part, the typical countries of two law systems is analyzed by sentencing proposal system, choose suitable for their own perfect measures, and from the Angle of the practical work, put forward measures to perfect the current sentencing proposal system.