Research On Sentencing Recommendations For Procuratorial Organs

Procuratorate sentencing recommendations can be comprehended in terms of both narrow and broad sense.This paper aims to study the narrow sentencing recommendations,put forward by the procuratorial agency in cases of lenient confession of guilty and confession of punishment.In the ongoing judicial process of our country,the laws and regulations of the criminal procedure system are constantly being revised and improved,and the reform of sentencing recommendations is important.In the context of the proposed reform of sentencing,its scope of application has gradually shifted from general criminal litigation cases to guilty pleas and punishment cases,and its substantive content has also changed.However,either in judicial practice or theoretical research,the distinction of sentencing recommendations in general criminal cases and in lenient sentencing cases is still interpreted in sense of traditional ways,treated differently and independently.The potential relevance of the sentencing recommendations made by procuratorial organs in two types of cases has been ingnored,together with a series of risks that the procuratorial organs faced in the reform of sentencing recommendations.Therefore,it is significant to take in-depth study of sentencing recommendations in cases of confession and punishment,to clarify its normative connotation,development background and reform trend and accurately grasp the core of sentencing recommendations,so as to enhance the vitality in judicial practice and realize its value.The paper focused on the following four parts.The first part defines the concept of sentencing recommendations by procuratorial organs,and summarizes the nature and value of sentencing recommendations.Sentencing recommendations have two properties: non-final and legal supervision;its value includes justice and efficiency.The second part discusses the status quo of sentencing recommendations by China procuratorial organs and puts forward the existing problems.The status quo is involved in legislation and judicial practice.The main problems lies in coordinating the sentencing suggestion power of the procuratorial agency and the discretionary power of the court,and the lack of "multi-party participation" in the process of prosecuting sentencing suggestions.The third part discusses its enlightenment and reference value to China procuratorial agency’s sentencing recommendations through the study of the relevant systems of sentencing recommendations in foreign countries,which mainly includes advocating the integration of conviction and sentencing procedures,and exploring the stepwise sentencing lenient system.In the fourth part,in response to the author’s first question,three specific countermeasures are proposed: implement the policy of determining the sentencing recommendations,improve the judge’s reasoning mechanism on the adoption of sentencing recommendations,and reserve the final review right of the sentencing recommendations to the court.In response to the lack of "multi-party participation" in the process of sentencing recommendations put forward by procuratorial organs,my suggestion is to improve the“effective defense”system under the prerequisite of the procuratorial organs,give full play to the role of lawyers,and explore the establishment of a victim sentencing recommendation statement mechanism.At the same time,the author believes that improving the quality of the prosecutors also plays an important part in perfection of sentencing recommendations by the procuratorial organs.