The Positive Research Of The Apply To The Recommendation Of Penalty Measurement In Criminal Cases

Although the procuratorial organ has a function of legal supervision under the law, in the past judicial practice, the function of legal supervision has certain limitations to supervise the judicial organ in litigation stage, as often limit in the counterappeal form. Although the recommendation as a supervisory measures, did not play its effectiveness. In recent years, with the widespread implement of the recommendation of penalty measurement in the whole country's procuratorial organs, so far, it has made great achievements. The recommendation of penalty measurement has a strong practical value, although the theoretical circles in our country has not yet formed a system of systems, it does not say that there is no theoretical basis. For investigate the measurement of penalty's theoretical values and practical values, the article collected on one city's procuratorate and Procuratorial Daily cases involved information to the form of research for the status of the proposed recommendation of penalty measurement,whichI found that the recommendation of penalty measurement in theft cases applied much more commonly than other cases, the text briefly analyzed this issue.In addition, by analyzing the various factors that affect penalty, with criminal law, I summary three main factors: the statutory of sentencing plot, the discretionary of sentencing plot, the circumstances and policy factors. Beyond these three factors, there are still some other factors also impact the extent of sentencing.The impact of recommendation of penalty measurement to the Court's final judgment, firstly manifests on the adoption rate of the recommendation. In particular, the adoption rate with the prosecution's sentencing recommendation has a lot of types of content. The case which did not adopt the sentencing recommendation, basically the procuratorial organ would make protest, which is the exercise of the functions of legal supervision of the procuratorial organ.The system of recommendation of penalty measurement exemplifies the value of jurisprudence into practice, functionally, behaved as the expression function, the Double prompts function and the function of protecting the defendant's benefit; from the view of value judgment, it has realized the Justice and Efficiency value. In addition, the recommendation of penalty measurement has the profound practice significance, not only guarantees the justice of sentencing, but also strengthens the function of litigation prosecution and the defense in a court trial. While the recommendation of penalty measurement widespread, the system also has certain influence on prosecutorial system. For instance, it would strengthen the supervision before the event, and would make up for the deficiency of the supervision after the event and so on.