Research On Sentencing Proposals Of Procuratorates

Sentencing proposals as an important part of the judicial system reform in China has far-reaching significance in terms of balancing judges' discretion,standardizing fair sentencing,and maintaining judicial authority,etc.Judging from trials not only requires that sentencing procedures be included in the court proceedings,but more importantly,the defendants' entity rights on the sentencing are guaranteed through legal procedures.China has achieved a series of results since the implementation of sentencing trials in some parts of the nation in the late 1990 s.After the supreme procuratorate has officially issued Execution Opinions on the Trials' Work of People's Procuratorates since 2005,the sentencing proposals have been implemented from some trials to full application,but the results of local practice have been uneven.Therefore,corresponding mechanisms should be matched on the issues to further promote open and transparent sentencing activities,achieve fairness and justice,and to protect the legitimate rights and interests of the parties.The article has investigated the application of the specific sentencing on criminal cases handled by procuratorates in the past four years in the T banner in B city,under the premise of affirming the rationality and necessity of the prosecutor's authority to exercise sentencing proposals.Through the analysis of cases and data,the situation of the current justice practice is studied and judged,and there are also other problems,for example,lack of relevant legislation and slow development of reform still exist.Combined with current situation,sentencing basis is explored to regulate,system design further improved,and reforms on sentencing proposals of procuratorates are accelerated.The article also emphasizes to reason the basis of sentencing verdict adequately,making sentencing proposals play an efficient role in the court hearing,etc.Meanwhile,several suggestions are put forward on how to improve sentencing proposals for procuratorates to expand the thinking of criminal justice practice in China.