Research On Sentencing Suggestion System In Leniency Of Confession And Punishment

As the two ends of the balance,"pleading guilty" and "lenient" are the prerequisites of "leniency" in pleading guilty and lenient,and the first link in how to show "leniency" lies in the sentencing suggestions put forward by the procuratorate.Sentencing suggestion is a commitment with judicial credibility made by the procuratorate according to the criminal suspect pleading guilty and punishment,and it is also a direct carrier to show the degree and range of "leniency".The Criminal Procedure Law(2018)defines the sentencing suggestion of the procuratorate as a substantive power with certain influence and preliminary effect on the sentencing of the court,thus accurately standardizing the confession of guilt and punishment.A lenient system.The key to the good operation of the lenient system is for the procuratorate to put forward accurate and legitimate sentencing suggestions.However,there are still many problems in the sentencing suggestion system.In order to ensure the smooth operation of the lenient system of confession and punishment,the sentencing suggestion system should be improved systematically.When perfecting the sentencing suggestion in the leniency of guilty plea recognition and punishment,the procuratorate is faced with the problems of increasing the influence of sentencing suggestion on the trial result,expanding the discretion space of sentencing suggestion,being in the dominant position in the sentencing negotiation link and perfecting the precision of sentencing suggestion and so on.The sentencing advice of the procuratorate must be to ensure that the suspect and the defendant On the basis of voluntary admission of guilt and punishment,otherwise,the system of leniency of confession and punishment can not be applied.In the system of confession and punishment leniency is at the end of the operation of the whole system,but also the important "leniency" once the operation is not smooth,resulting in the implementation of the system of confession and punishment can not be properly dealt with,resulting in the whole system is difficult to achieve the desired results.In view of the special position and utility of the procuratorate in examining the cases of confession and punishment,at the same time,the sentencing suggestion,as the key mechanism for the procuratorate to implement the key mechanism of lenient admission of guilt and punishment,should ensure its standardization,precision and voluntary initiative.In In the lenient admission of guilt and punishment,the sentencing suggestion system is another difficult work formed under this background,which is of great significance to the application of the system of confession and punishment leniency.This paper thinks and probes into the significance of sentencing suggestion system,the predicament faced now and the perfect countermeasures.