Study On Legal Issues In Sentencing Recommendation System Of Procuratorial Organ

Sentencing recommendation system, which is aimed at maintaining sentencing fair and has been implemented first in the western countries, has begun to be carried out in our country's judicial practice in recent years. Not only China's criminal procedure but also sentence fair can benefit from the research of Sentencing recommendation system. This paper compares and borrows ideas from Western country's sentencing recommendation system from the angle of questions occurring in china's sentencing recommendation executed by People's Procuratorates at various local levels. Then, this paper clears up the basic theory and designs the system on the basis of fully analyzing the present situation of the pilot cities' sentencing recommendation system.Specifically, this paper is divided into four chapters.In the first chapter, by discussing the function of the sentencing process to fair sentence, this paper gives the definition of sentencing recommendations and the right of sentencing recommendations and the concept of the proposed system. And, it also summarizes the cause of the nature of the right of sentencing recommendations and the cause of the proposed system. Sentencing recommendation is a litigation activity of prosecution. Sentencing proposal comes as the power. And the proposed system is set up to maintain a fair sentencing system.In the second chapter, with the analysis of different opinions on the question whether the prosecutors should have the right of sentencing recommendations and on the feasibility at the present stage. Some scholars believe that due to setting sentencing proposal, prosecutors may violate the right to set sentencing recommendation presumption of innocence, and the logic of the first conviction sentencing rules, and the right of jurisdiction and the right of the judge's discretion. Other scholars think that exercising sentencing proposal is a good way to enhance the function of legal supervision and maintain fairness and justice. I believe that sentencing proposal is the authority that prosecution should have. And, it is feasible at this stage. In the third chapter, this paper describes the situation of the pilot cities' sentencing proposal and analyzes the problems of implementing sentencing proposal and the forming reasons by giving the example of Jining Municipal People's Procuratorate. Lack of execution standards on sentencing proposal in the existing laws and regulations and relevant judicial interpretations is the main reason that the trial prosecutors showed the different models and values. We should distinguish the main problem from all kinds of others, such as, the difficulty of grasping the magnitude of sentencing recommendation, the disagree on the proposed procedures, the lack of reasons for sentencing recommendations and the ambiguity of sentencing evidence, and focus on the main problem.In the last chapter, this paper gives a perfect system design. By referencing Western country's sentencing recommendation system, this paper gives the author's opinions on the sentencing types, proposed time, proposed way, specific contents, the cases suited for it, program design. At the same time, it gives some specific operating rules response-related supporting system in hope of playing a bigger role in sentencing recommendations to the system planning, program design, trial results and other aspects of the practical function.