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The Application and Regulation of Sentencing Recommendation in Judicial Practice

Author: CaoXiuZuo
Tutor: ZhangDong
School: East China University of Political Science
Course: Legal
Keywords: Sentencing recommendation The right of Sentencing recommendation Function Present situation of application System construction
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 59
Quote: 1
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Abstract

Sentencing recommendation is that the People’s Procuratorate propose recommendations to the people’s court about application of the types of penalties and enforcement methods to the accused defandant. Sentencing establishment and improvement of the proposed system is an important subject of the People’s Procuratorate in deepening the reform of public prosecutions, which play an important role in protection of fair sentencing, efficiency of the proceedings, and strengthen trial supervision. Since 1996, the Criminal Procedure Law is revised, and with the court system reform deepening, some grassroots procuratorates try to reform sentencing recommendation system. February 23,2010, the public prosecution office of supreme People’s Procuratorate pass through The People’s Procuratorate start Sentencing recommendation in Guidance (Trial), which formulate in detail about concepts, application of the principles, scope of the case, the specific form filed, process and content etc. In October, they has issued Notification of actively promoting sentencing reform on the overall work carried out to inform the sentencing recommendation, which put forward a number of specific requirements of the exercise of the sentencing recommendations. Corresponding parts of the prosecution also developed a number of implementing ideas and approaches. It can be said, the prosecution’s sentencing recommendation work not only with a clear direction, also has a specific operating system, which, in general, in a more orderly and effective direction. However, there are different voices whether in theory or in practice. Some scholars believe that the exercise of public power must be a clear legal basis, but our legal right provided no sentencing recommendation. In practice, many judges, prosecutors and lawyers are more or less on the sentencing of the proposed system there is a certain resistance. Moreover, from the last couple of stages of the prosecution’s sentencing recommendation work practice, sentencing in the proposed system and its implementation still have some problems, including the fact that its survey of the main sentence is not clear, sentencing recommendations of the evidence on which to run the investigation and debate mode unreasonable, the lack of uniform sentencing guidelines (guidance standard), the effect is not clear sentencing recommendation and supporting system is not perfect. Therefore, the writer of this paper from the basic theory of sentencing recommendations, discusses the value or function of sentencing recommendations, analyzes sentencing recommendations in the judicial practice in the application status and problems, and studies abroad in sentencing legislation and practice , then proposes suggestions to improve our sentencing recommendations system, in order to be useful for the practice of sentencing recommendations in our country.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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