The Research On The Human Of Sentecing Proposal In Our Country

In the process of criminal litigation, enter the court stage,convicted and sentenncig became the two most important task, defendants were found guilty of any crime and what kind of punishment should be punished, should be judgment by equal treatment, but in our long-term judicial practice. We can see, "heavy condemned and light sentencing" are existing in the judicial organs, in trial, judge notice that the defendant sin or not, peccadillo and felony, but gnore equity of sentenncig because the punishment for causing sentencing injustice, lead to affect the judicial organs of the credibility and authoritative. Recognized this, "the imPlementation suggestion of Pilotwork insenieneing suggestion of PeoPle (try out)" was enacted by 2005 and"the people's court sentencing program instruction opinion (try out)" was enacted by 2009, tride to the national court system for pilot, tried to keep the independent sentencing program into court trial process. Since then, throughout the country many grassroots people's procuratorate of begin pilot reform sentencing recommendations. In the practice of the reform sentencing recommendations caused experts, scholars and practical departments of thought and discussion comrade. In recent years, sentencing recommend in some grassroots procuratorial organs have carried out extensive trying to work. And has obtained the certain effect. But in judicial practice, sentencing recommendations by the procuratorial organs are brought out, as criminal litigants of the victims are often in neglected status, thus cannot for sentencing put forward its own views, but as the defendant criminal litigation, because that is the law shall be investigated for objects, also cannot enjoy sentencing the text, the same as a defendant's defense attorney also no sentencing in the text, for the private prosecutor opinion nor points out its text with sentencing, but for some related social organizations shall have the right of whether the sentencing is also worth discussion topics, this article from the concept of sentencing the text, analysis of sentencing recommend subject system concepts and value, comparison of the national sentencing recommendations subject system, foreign sentencing on main hugh sentencing recommendations some advanced culture. Combined with the actual conditions of our country, on this basis, points out the theoretical basis of the sentencing the text, and then puts forward the exercising main body not only sentencing recommendations including the public prosecutor, should also include the private prosecutor, and will expand to the criminal litigation sentencing the text of the defenders and the victim, and relevant social groups and the case has close relationship with the case of the masses, and analyses the main theoretical basis of sentencing recommendations and feasibility. And diversification of sentencing recommendations in may exist problems are proposed, make the system of diversification of sentencing recommendations can in our judicial system for our country's criminal procedure under service. Construction has the judicial characteristic sentencing recommendations subject system, can make in criminal lawsuit all parties can play its active role, to better protect the interests of all parties, make legal effect and social effect can be unified, enable our criminal sentencing system can be more perfect.