Research On Some Problems Of The Proposed Sentencing

The complete criminal justice activities are bound to include conviction and sentencing, which are two issues of this origin. The accurate conviction is the basic premise and appropriate punishment is the necessary result. Sentencing after conviction and execution, before execution, which is an important link connecting conviction and execution, whose importance in criminal activities must not be overlooked. The fact is that sentencing is considered as the Court's absolute and exclusive power, which can not be divided and shared. In view of our judicial practical reality, the miscarriage of justice has been transformed from a conviction for sentencing injustice, as the crime of different penalties. The result is seriously to damage the judicial authority, thus affecting the fair administration of justice.Looking at two genealogy of law, despite the different title to sentencing, different cultural traditions, different specific practice, the right to make recommendations for sentencing an essential element into the criminal justice process is an integral part and not in dispute. Sentencing right to make recommendations has a profound theoretical basis and a tremendous practical value in two genealogy of law, which has been recognized and heritage in the legislative, judicial.In recent years, prosecutors conducted a series of reforms, of which is one of eye-catching right to make recommendations on sentencing reforms. Although the theoretical and academic circle can basically agree that:sentencing right to make recommendations to prevent abuse of discretionary power of judges and to ensure judicial justice, improve the efficiency, save litigation costs has a positive significance, but for the right to make recommendations on sentencing issue is controversial, such as right to make recommendations about the nature of sentencing, the theoretical basis and put forward the time, manner, location.This paper is divided into three main sections:Introduction, text, conclusion.The first part is about the historical background and development of China's prosecution right to make recommendations for sentencing reform, as well as the right to make recommendations on sentencing research results and research progress in understanding the formation of the right to outline the proposed penalty.Text is divided into five chapters:The first chapter is about a sentencing recommendation of the right and the related concepts for analysis. Through elaborate screening to recommend and related concepts of sentencing right, clarify the right of reasonable sentencing recommendation meaning and nature of properties.The second part is about discussing the theoretical basis of sentencing right to make recommendations. Around the philosophical foundation, the legal basis, value-based, expounding the scientific rationality and a strong charisma of sentencing right to make recommendations and forming the profound understanding for it.The third part is about discussing power system and its extraterritorial sentencing recommendation inspiration. By the discussion of the proposed system and analysis for two genealogy of law, we have come to this revelation:In China, establish sentencing recommendation goes with the trend to practice, also it is the need in line with the Chinese judicial practice. Demonstrated in our country, it is the right to establish the feasibility of the proposed sentencing.The main content of Chapter IV is. about of the necessity and feasibility of establishing our country's sentencing right to recommendation. First of all, right to make recommendations based on the sentencing should have discussed the role and function of the proposed penalty in our country. Right to make recommendations to implement penalty sentencing procedures can increase the openness and transparency, contribute to achieving a just sentence, can greatly enhance the debate and contend the trial nature of the way. And the trial will help to deepen the reform and advance the promotion of judges, improve the prosecutors'and lawyers'the quality and so on. Second, the right to make recommendations by analyzing the characteristics of sentencing:the constitutionality, legality, in practice there is hidden sentencing right to make recommendations consistent with protection of human rights concepts and so on, demonstrating in our country the right to establish the feasibility of the proposed sentencing.The fifth part is about rethinking profoundly the practice of the right of our sentencing recommendations and discussing its construction. First to point out the status quo of China's sentencing, the prosecution sum up recommendations driving sentencing problems and suffering of the resistance and the corresponding countermeasures and make useful measures. Secondly, through the prosecution the pilot status of the proposed exercise of sentencing, as well as the problems and suffering of resistance analysis, a correct understanding of the present exercise of the sentencing recommendation implied the right of the disadvantages of right to make recommendations for sentencing to build localized basis. Based on this study, we know that in line with China's national conditions to build the right system, we should debate sentencing basic idea and content.Lastly we can conclude that sentencing right to make recommendations is reasonable and scientific and to establish the two proposals is necessary and feasible in our country. Meanwhile, we also can see the fact that the system has its limitations in practice. However, we can not negative it for its limitation. We should be fully brought to learn of Mr. Luau's spirit-abandoning the dross and taking the essence to prevent and reduce risks, maximizing the great value of sentencing right to make recommendations.Research methods and purpose of the paper:the paper uses the historical and inductive method, literature indexing method, aiming at an accurate definition of the concept of sentencing recommendations and content of the right to fully present sentencing recommendations profound theoretical basis in line with the localization of Chinese judicial practice, sentencing recommendations right system to better achieve justice, to maintain legal authority.The achievements of this paper:an accurate understanding the right of the sentencing recommendations, including it's the nature of the concept and rational meaning of right to make recommendations rationalizing the sentencing of renewing our vigorous vitality (implies a profound philosophy, jurisprudence, value-based), clear understanding of the sentencing right to make recommendations to exercise the judicial practice in China the status quo. Finally to built the right system for localization of the sentencing recommendation.