Research On The Sentencing Recommendations In Leniency System Of Guilty Plea

On September 4,2016,the standing committee of the National People's Congress authorized the national 18 regions pleaded guilty to forfeit their pilot work,from the system in the same year on November 16 th congress three come on in parts of greater pleaded guilty to a criminal case forfeit of the pilot system method ",the way to becoming a greater pleaded guilty plea system implementation basis.This method puts forward higher requirements on the sentencing suggestion in the confession penalty and makes the sentencing suggestion system a key link in the system of confession and punishment.Prosecutors in sentencing recommendations should be how to do at work,the procuratorial organs of the people's court sentencing suggestion of adoption,pleaded guilty to forfeit their from the system's implementation as well as to the rights and interests of the criminal suspect or defendant has an important influence.This article has a total of 24,000 words,the full text except the introduction,the conclusion is mainly three parts.The first part of the plea of guilty punishment in the broad system of sentencing recommendations implementation status analysis.This part the author through to the C city J district people's procuratorate,H province S municipal districts of nine basic people's court in January 2017 to September pleaded guilty to forfeit their from a case of sentencing suggestion for data analysis.It mainly analyzes the distribution of cases applicable to leniency,sentencing recommendations,specific sentence types and distribution of sentences,the proposed form of sentencing proposal,lawyers' participation in sentencing recommendations,application procedures,sentencing recommendations,lenient form,sentencing recommendation adoption rate.The second part is a summary of the problem of the existence of the sentencing suggestion.This part is through the first part of the data analysis of the present stage pleaded guilty to forfeit their sentencing recommendations in the system from the existing problems and the main problems are the sentencing suggest a lack of support,lack of standardization and inferior reason,lack of specific implementation rules and uniform standard,and the defendant pleaded guilty to forfeit the synchronicity,voluntary difficult to confirm and sentencing recommendations lawyers become a mere formality in the process of the five aspects.The third part puts forward Suggestions and measures.Through analysis and summary to the problems of the above five aspects,combined with the reality in China,refer to the practice of other countries,targeted Suggestions of improve the system of plea greater forfeit their sentencing Suggestions,mainly including perfect supporting system,strengthening the construction of sentencing suggestion standard refinement,perfecting supervision mechanism,strengthen the defendant pleaded guilty to forfeit their censorship,lawyer defense functions into full play the five Suggestions and measures.For a detailed analysis of the problems in the legal practice work,and specific solutions to them,to make a plea greater forfeit their system of normal operation of sentencing recommendations on the way to the rule of law.