Research On Penalty Advice Of Procuratorate

Penalty advice refers to punishment suggestions about the defendantsproposed by prosecutors to judges, including the kinds, range andexecution of punishment. The power of penalty advice belongs toprosecution inherently.In China, many procuratorate organs began to try out the system ofpenalty advice from1999. These experiments bring some problems as wellas good effect. At abroad, the system of penalty advice mainly exists incountries of civil law system. Generally speaking, the purpose of thissystem in foreign countries is to promote judicial efficiency. The advicecan provide some reference to judges, but it has no legally binding power.It will make good sense to carry out the system of penalty advice inChina. This system helps to judicial justness, saves judicial resources, andcan be a good way of pursuing criminal policy. In this article, the writerdiscussed the details of building the system of penalty advice in China,referring to its legal effect, scope of application, form, content, remedyand so on. Besides, measures should be taken to strengthen the protectionof the defendant, to formulate unified rules of penalty, and to improve theinvestigation of punishment evidence. The system of penalty advicecannot go without good performance of the three aspects above.