An Empirical Study On Sentencing Recommendation System In Cases Of Confession And Punishment

The System for Imposing Lenient Punishments on Those Confessing to Their Crimes and Accepting Punishments in Criminal Cases(the lenient system)is a kind of judicial system which arises under the condition of more criminal cases and less judicial resources.Under this system,the accused person “Confessing to Their Crimes” and “Accepting Punishments”,and then gives him “Imposing Lenient Punishments” in sentencing result in the form of “leniency”,in order to improve the efficiency of litigation and save the effect of judicial resources under the premise of ensuring judicial justice.It is the Important part of judicial justice to ensure the accused person's wisdom of “Accepting Punishments”,that is,to ensure that the accused person has the wisdom to agree to the consequences of sentencing recommendations.Sentencing recommendations is a kind of suggestion putting forward by the people's Procuratorate to the defendant to solve the problem of sentencing,as the people's Court sentencing reference basis.However,under the System,the court should generally adopt the recommendations of sentencing.We can see that the system will recommend the importance of sentencing recommendations to a new height.Therefore,the system puts forward higher requirements on the establishment of sentencing recommendations,the manifestation of sentencing recommendations,the acceptance of sentencing recommendations,and so on.On the basis of empirical research,this paper objectively evaluates the operation of sentencing suggestion system in cases of guilty plea and punishment,and on this basis analyze the problems existing in the operation of sentencing recommendations system and the reasons,and put forward some suggestions on how to perfect the sentencing recommendations system.reasonable and operable suggestions.In addition to the introduction,conclusion,the paper is divided into four parts,a total of more than 35000 words.The first part is to analyze the current situation of sentencing recommendation system in lenient cases.This paper takes the present situation of the people's Procuratorate of P District in G City as the research object.First,in the establishment of sentencing recommendations,G City P District Procuratorate formed the main body of sentencing recommendations for the contractor prosecutors,the time fixed in the review of prosecution stage;In the form of a written provision in the indictment.In essence,the sentencing recommendations is the resultof the prosecutor's comprehensive factual basis,legal basis,theoretical basis and internalization of certain sentencing methods.Second,the manifestation of sentencing recommendations.The sentencing suggestion of the Procuratorate is based on the relatively clear range of sentencing,supplemented by the sentencing suggestion of determining the term of imprisonment.On the trend of application,the relative clear range of sentencing recommendations gradually increased,and the sentencing recommendations for the determination of the sentence gradually decreased;On the range distribution of the free penalty sentencing recommendations,the overall range of range is larger,not accurate,and the range of sentencing recommendations in dangerous driving cases is smaller and more accurate than other cases;Comparing the free penalty sentencing suggestion with the property penalty sentencing suggestion,pay more attention to the heavy free penalty sentencing suggestion,pay less attention to property punishment sentencing suggestion situation.Third,the acceptance of sentencing recommendations.From being chased From the point of view of the acceptance of sentencing recommendations by the prosecution,it don't ensure commendably the wisdom of the prosecution in the process of sentencing negotiation,and from the acceptance of the sentencing recommendations by the victims and their agents,it is in a situation that they do not know or understand.Fourth,the adoption of sentencing recommendations.From the point of view of the adoption results,there is a very high acceptance rate,which reflects the increasing influence of sentencing recommendations on the referee.From the perspective of the adoption situation,whether in the cases adopted or not,the sentencing recommendations show the characteristics of heavy punishment.The second part is to sum up the problems of sentencing recommendations system in lenient cases.The first is the lack of precision in sentencing recommendations.In the course of the formation of sentencing recommendations,the sentencing information based on is lack of comprehensiveness.On the one hand,after a criminal suspect pleads guilty and confesses punishment,the public security organs collect evidence that is relatively crude,and emphasize conviction evidence rather than sentencing evidence.But the procuratorial organ returns the supplementary investigation also cannot achieve the ideal effect.On the other hand,the low participation of the victim in the process of sentencing negotiation leads to the procuratorial organ lacking the information of the victim,and in practice,the hearing of the victim's opinion is only a form of emphasis,which further weakens the victim's influence on sentencing.During the formation of sentencing recommendations,the scope of sentencingguidance is not complete,and the lenient system don't limit the applicable scope of cases,which far exceeds the 15 categories of cases stipulated in sentencing guidance.In the process of sentencing recommendations,prosecutors rely too much on case handling experience,and post prosecutors have the power to put forward sentencing recommendations directly.They do not have to go through layers of examination and approval,and there are almost no restrictions,which leads to inconsistent accuracy of sentencing recommendations in similar cases.Second,lack of effective consultation on sentencing recommendations.On the one hand,the accused person have a very different status than the public prosecutor who represents the country.The duty lawyer can not provide effective legal aid,no equal status,and the accused lacks the assurance of the sentencing information in the negotiation process.On the other hand,the“sentencing negotiation” in the pilot process has a strong sense of authority,resulting in a sentencing recommendations with “more functions and less negotiation”.Moreover,In the process of sentencing negotiation,prosecutors basically do not fully reason for the formation and derivation of sentencing recommendations.Third,the adoption of sentencing recommendations is not rational enough.The judge in the judgment document to adopt or not to accept the sentencing recommendations is not enough,is only a simple description,and the content of sentencing reasoning is far less detailed and sufficient conviction reasoning.The third part is to analyze the reasons of sentencing recommendations in lenient cases.In view of the problem of insufficient precision in sentencing recommendations,the reasons include: the lack of legal basis for sentencing recommendations,litigation positioning is ambiguous;the status of the victim litigation is not clear;the lack of intelligent sentencing assistance system.In view of the problem of lack of effective consultation on sentencing recommendations,the reasons include: insufficient cooperative judicial strength,insufficient space for sentencing negotiation,deep-rooted thoughts of punishing crimes,and the concept of cooperative justice is not deeply rooted in the people's mind;the appearance of "procuratorial centralism";the absence of effective legal assistance.In view of the problem of rational adoption of sentencing recommendations,the reasons include:sentencing reasoning is difficult;the discretion of sentencing is larger than that of conviction.First of all,this paper comments on the revision of the Criminal procedure Law.From the point of view of the updated content,there are still the following problems: the function of duty lawyer is still legal help,which has little effect on the protection of the wisdom of the accused person'sadmission and punishment;the lenient range is not clearly stipulated in the Criminal procedure Law;the victim's problem is not paid enough attention;the expression of sentencing recommendation is not stipulated in the law.In combination with the problems found after empirical investigation and the problems existing after the revision of the new Criminal procedure Law,the following reform suggestions are made.In view of the problem of insufficient precision in sentencing recommendations:the mandatory application of the sentencing recommendation for the determination of the term of the sentence in some cases;Perfecting sentencing legislation,establishing sentencing auxiliary system and ensuring the effective participation of victims.In view of the problem of lack of effective consultation on sentencing recommendations: strengthen the duty lawyer defense;reasoning of procuratorial organ to strengthen sentencing suggestion.In view of the problem of rational adoption of sentencing recommendations:constructing the Information base of sentencing case;enhancing the Judge's reasoning ability of sentencing.