On The Exercise Of Sentencing Recommendations From Procuratorate

At present, many grassroots people's procuratorial organs sentencing recommendations pilot system, and has achieved good legal and social effect. This is our lawsuit system reform gradually by generalized sentencing recommendations to the standard type sentencing recommendations change laid a foundation. Based on the suggestion of judicial practice as the breakthrough point, to establish the system of suggestion concept and connotation, legal basis, Sentence suggestions of meaning and value according to the present in the pilot sentencing recommendations, discusses the necessity and feasibility of this system in our country, the establishment of initial ideas to hope for the prauratorial organ system created sentencing recommendations with perfect completely meagre strength.Against the trial process is the main features of this characteristic theme is against the defendant's behaviour could violate the law and what kind of law. the procedures to control both sides should be given the same opportunities as a result, the victim of the crime of direct and the litigants, if he is sentence to the problem in giving his views and shall give him the chance. in this way, handing procedures can be greatly enhanced publicity.Sentence justice is the origin of the court for an objective fact that the punishment, the parties to the judge. thus, the public prosecutor, the defendant and the victim of the punishment for participation in decision-making process of this sentence the basic functions for the court provide adequate and the punishment on an objective fact, it fundamentally for the courts objective, comprehensively and accurately understand the facts and opinions of the parties to the punishment provided for entity, and the punishment to the fair.The procuratorial organs exercise, it is imperative sentence suggestions the significance to improve the efficiency of the trial, reduce unnecessary waste of resources, the administrative penalty of procuratorial organs suggestions fit prauratorial organ, follow the constitution of the criminal procedure law and judicial with public prosecution of connotation, is the procuratorial organs in criminal lawsuit, an important right should accord with the procuratorial organs in the state organs positioning. The operation is in criminal lawsuit, therefore it shall abide by the laws of the criminal procedural justice. At present, whether in criminal legislation or criminal judicial practice, the punishment of procuratorial organs are mainly concentrated in the claim, but Sentence suggestions claim condemned criminal litigation reform has become the direction. This paper is aimed at the prauratorial organ for sentencing suggestions reorientation of the criminal litigation in China, to reform beneficial Suggestions.