Research On The Sentencing Recommendation System In My Country

Sentencing suggestion is a lawsuit activity in which the procuratorial organ makes suggestions to the court on the penalty that the defendant should apply in the process of public prosecution and supervises the sentencing judgment of the court.Under the background of the reform of court trial mode,the implementation of sentencing suggestion system is of great significance to increase the participation of sentencing procedure,improve the transparency of sentencing judgment,and protect the defendant's litigation rights.Since 2010,the system of sentencing suggestions of procuratorial organs has been fully developed in our country,and has achieved certain results and results so far.However,due to the late start of the study of sentencing suggestion system in China,there are still some problems in the practice of the system,which affect the full play of the role of sentencing suggestion.Compared with common law countries and civil law countries,combined with China's specific judicial practice,sentencing suggestion system has some problems,such as imperfect operation procedures,imperfect safeguard mechanism and imperfect supervision mechanism.In order to make sentencing suggestion system play a greater role in the process of criminal proceedings in our country,we can improve the operation procedure of sentencing suggestion by expanding the scope of application,defining the choice of the range of penalty and standardizing the mechanism of putting forward sentencing suggestion;improve the safeguard mechanism of sentencing suggestion by introducing the system of informing before court,establishing the system of sentencing reasoning,strengthening the defense of sentencing;and construct internal and external supervision.Relevant systems to improve the supervision mechanism of sentencing recommendations.