Research On The Practice Of Sentencing Suggestion

The right of sentencing suggestion is usually regarded as the extension of the public prosecution right of the curatorial organ.As a legal supervision organ,the procuratorates certainly have the right to request the court for sentencing in the criminal procedure.Sentencing suggestion system has existed for a long time.Since its implementation in 1999,it has a lot of practical experiences.The significance of the sentencing suggestion system not only reflects the legal supervision of the curatorial organ over the court’s litigation activities,a judgment on the result of the defendant’s sentence。One of the original purposes of the application of sentencing suggestion system is to take into account the efficiency and quality of handling cases and speed up the process of court trial.After the case is transferred to the procuratorate。The prosecutor has a full understanding of the facts of the case and makes sentencing judgment in combination with the factual circumstances of the whole case。Finally,it was written as a sentencing proposal.Through the sentencing suggestions of the prosecution,the criminal suspect clearly understands the charges and possible penalties of the public prosecution.For the defendant,sentencing advice is also an important reference for preparing the trial defense.Sentencing recommendations directly reflect the effectiveness of sentencing work in curatorial organ,including sentencing range,sentencing accuracy and other issues.During the review and prosecution phase,refine the sentencing standards of curatorial organ,more just and efficient sentencing suggestions.The system of sentencing suggestion should be improved in combination with judicial practice.This paper is divided into five chapters to discuss the practical dilemma and system improvement of sentencing suggestion system.Focus on the examination and prosecution,how to better and more standardized exercise of the right of sentencing recommendations.The specific framework is as follows:The first part,from the basic theory level,carries on the sentencing suggestion system theory explanation.By analyzing the three similar concepts of sentencing suggestion,sentencing suggestion right and sentencing suggestion system,the connotation of the system is clear.Pay attention to the actual connection between the sentencing suggestion and the sentencing protest,and further clarify the nature of the sentencing suggestion right is the sentencing right.Second the basis of analyzing the legal basis and theory of sentencing suggestions.On the legal support of the constitution,criminal procedure law and relevant judicial interpretation to the sentencing suggestion system,combing the legal background of sentencing suggestion procedure.The second part,combined with the current situation of sentencing suggestion system in China,analyzes the empirical research data of the system,focusing on the current practice of sentencing suggestion.The curatorial organ is the only subject that puts forward the sentencing proposal.The defendant and the defense lawyer can put forward their opinions on the sentencing through this system.The problems in practice mainly include the incomplete collection of sentencing information;the accuracy and efficiency of sentencing recommendations need to be improved;the effectiveness of the investigation of criminal suspects’ guilty attitude and the weakness of defense force.The third part,introduces the experience and practice of Germany,Italy,the United States,the United Kingdom and Canada,and summarizes the characteristics of the extraterritorial sentencing suggestion system.The fourth part,in view of the examination and prosecution link,puts forward our country sentencing suggestion system perfect imagination and suggestion.Through strengthening the substantial participation of the defendant,defining the leniency of sentencing,responding to the interests of the victims,strengthening the effective defense of the duty lawyer,standardizing the assessment elements of the prosecutor’s sentencing suggestions,we can improve the sentencing suggestion system in the review and prosecution process.The fifth part is the conclusion.