Research On Sentencing Suggestion System Of Procuratorial Organs

With the deepening of the reform of sentencing standardization,the study of sentencing suggestion system has had a positive impact on sentencing justice,but there are still some shortcomings.It is necessary to further explore the theoretical part of sentencing recommendation system.This article mainly through the literature research,the contrast analysis method,from the sentencing suggestion system legislation and related notions,analyzes the question to propose the countermeasure.In addition to the introduction and conclusion,the thesis is divided into five chapters :The first chapter analyzes the legal and judicial interpretation related to the system of sentencing proposal,and summarizes the four aspects from the suggestion,formation,amendment and guarantee of sentencing proposal.On this basis,it is pointed out that these theoretical achievements need to be improved,which lays a foundation for the study of the latter.The second chapter's analyzation from three aspects: the notion of sentencing suggestion,the concept and nature of sentencing suggestion power and sentencing suggestion system concept.First,the paper identifies the concept of sentencing proposals given in the judicial interpretation and further analyzes the formation mechanism of sentencing proposals of this.Second,this paper preliminary defines the concept of sentencing suggests,and puts forward the sentencing suggests is a kind of power,a kind of procedural power.Then this paper,on the basis of analyzing the relationship between sentencing suggestion system and public prosecution system,defense system,relatively independent sentencing procedure,tries to put forward the definition of sentencing recommendation system,hoping to be helpful to the study of sentencing recommendation system.The third chapter analyzes the value function of sentencing suggestion system,which not only pursues the value of criminal procedure of justice and truth,but also pursues efficiency,which shows that the system of sentencing suggestion has the legitimacy in the judicial practice of China.The fourth chapter analyzes the mode selection of sentencing suggestion.Through the analysis of the pros and cons of general sentencing recommendations and deterministic sentencing recommendations,this paper proposes that the pattern of sentencing suggestion should give priority to deterministic sentencing suggestion,and general sentencing recommendation is complementary.It also proved that there is a certain legitimacy foundation of the sentencing proposal system.The fifth chapter put forward four countermeasures to construct the sentencing suggestion system.One is to establish the system of victim impact statement.In the context of the reform of the lenient system of guilty admission and punishment,the establishment of this system is conducive to the guilty admission and punishment of the accused,and also to the procuratorial organs to put forward more accurate sentencing recommendations.Second,the establishment of relatively independent sentencing procedures exceptions.In order to solve the logic contradiction in the relative sentencing procedure,that is to say,the defendant does not plead guilty and punish,the defense chooses to do the innocent defense,sets up the independent trial mode of conviction and sentencing,and guarantees the full play of the sentencing defense.The third is to set up special sentencing guidance institutions.Through the analysis of the extraterritorial setting of special sentencing institutions,this paper puts forward the necessity and feasible methods of setting up special sentencing guidance institutions in China.Fourth,strengthen the defense of sentencing.Through analyzing the necessity and feasibility of strengthening sentencing defense,the article suggests that the choice mode of sentencing suggestion should be changed step by step and the neutral consciousness of procuratorial organs should be enhanced.