Study On Sentencing Recommendations Right Of The Defense Lawyer

The guidance on sentencing proposal issued by the supreme people’s procuratorate in 2014,which has pushed China’s sentencing process toward a more fair and rational direction.However,the legitimate rights of the defendant and his defense lawyers in the sentencing process have not been better protected,resulting in the defense lawyers do not have a virtually equal confrontation with procurator in sentencing procedures,and the protection of human rights of defendants is usually ignored.Therefore,it is expected that this paper can play an important part in establishing the sentencing procedure right of defense lawyers.Also,we hope it can promote the fair sentencing for defendants.The article is divided into six parts: preface,the first chapter,the second chapter,the third chapter,the fourth chapter and the conclusion.The preface includes the research background,significance,method and innovation of the thesis.The first chapter gives a detailed description of the definition of the sentencing procedure right of defense lawyers.The second chapter analyzes the problem of the sentencing procedure right of defense lawyers in China;Chapter three describes the sentencing procedure right of defense lawyers in some countries between the two legal systems.In the last chapter,according to the China’s basic national situation,this paper puts forward the relative measures of the sentencing procedure right of defense lawyers.Moreover,we hope that it can safeguard the rights of the defendant and promote the legal society harmonious development in our country.