Study On Sentencing In Admission Of Guilty And Acceptance Of Punishment Cases

The system of leniency on admission of guilty and acceptance of punishment is a judicial reform system under the background of the government governing the country in accordance with law.Judicial practice has testified that the system can save judicial resources,improve judicial efficiency effectively and alleviate the judicial dilemma of "multiple cases but fewer Judicial staff".Sentencing is the main respect in the entity of this procedure.Sentencing discount is the main driving force for the the accused to confess and accept punishment.The prosecutor proposes a reasonable sentencing after negotiating with the respondent.The most important entity of value is the court made a fair judgment based on the sentencing proposal of prosecutor,the behavior and the risk of respondent.From the perspective of sentencing in the leniency on admission of guilty and acceptance of punishment,analyzing the pilot's situation.From this system's theory and practice,this article analyzes problems,reflects on reasons and makes recommendations.This article has three chapters:The first chapter is a basic overview of this system.This section mainly explains the connotation of the system from the perspective of the Criminal Procedure Law,and analysis the theory basis of this system.This chapter also introduces the pilot's sentencing situation of this system.The second chapter analyzes the problems in the judicial practice of the sentencing in leniency on admission of guilty and acceptance of punishment.There are some misunderstandings between the procedure of this system and trial-centered relationship.There is lack of guidance for the people's procuratorate and the court.The unclear status and rights of the duty lawyer make it impossible to play an effective role in sentencing negotiations.Regardless of whether it is in legislation or in practice,the emphasis on the protection of victims' rights is insufficient.These are all controversial issues in the sentencing of admission of guilty and acceptance of punishment case.The third chapter is about the improvement of the existing problems above.Firstly,the sentencing of the case is centered on the trial and cannot lower the standard of evidential proof.Secondly,the judicial organs should carry out the reform of sentencing standardization and issue sentencing guidelines.Procuratorial organs should be more detailed in compiling sentencing recommendations and carry out the sentencing recommendations examination system.Thirdly,We should realize the due value of on-duty lawyers in these cases through giving them litigation status and rights.Finally,the victims are included in the sentencing process to better eliminate social confrontation and promote social harmony.