An Empirical Analysis Of Sentencing Recommendations

The sentencing recommendation is an important content of_Chinese judicial reform, and also essential to prevent judges’ discretion abuse, to ensure a fair sentencing, to promote the efficiency of proceedings, to save judicial resources as well. The sentencing recommendation has been applied in some experimental areas at the beginning and then the whole country since2005when the Supreme People’s Procuratorate formally issued the "Implementation views on experimental measures of People’s Procuratorate sentencing".This article mainly focuses on the value of the sentencing recommendation and evaluation of success of the pilot areas. By using some research methods, such as induction, comparison, analysis, I investigated and studied the implementation process of sentencing recommendation in lower procuratorates of some counties, especially in county A, Jiangxi Province. After that, I found that the adoption of sentencing recommendation in county A and this region didn’t achieve the desired results. It’s due to prosecutors’concept barriers, no established operating regulations, judges’objection and conflict, and the limited extent of participation of defendants and victims in sentencing. Finally, starting with the change of concept and institutional construction, the article shows us the detailed exploration of basic ways to improve the effect of the sentencing recommendation and then to serve the practical judiciary.