An Empirical Study On The Phenomenon Of Pleasant Punishment And Punishment

With the continuous advancement of the trial practice of the lenient punishment system for guilty plea,the system has been officially written into the criminal procedure law of China on October 26,2018,as a pilot to the status of legislation.However,the law doesn't respond to the definition of the core concepts of “confession”,“punishment” and “leniency”.At the same time,the pilot experience also reflects the problem of different penalties such as different grasps of wide range,improper recommendation of sentencing,and formalization of sentencing negotiation.In other words,it is particularly necessary and urgent to clarify the lenient punishment and the reform of the system from the wide-ranging sentence.Firstly,this paper takes the wide-ranging and sentencing suggestions as the starting point,sorts out the empirical data of the investigation,and analyzes the trial and sentencing of the guilty plea in China.On this basis,the author probes into the sentencing problem in the practice of pleading guilty in trial practice,and analyzes the causes of the problem of sentencing.Finally,on the basis of the pilot experience of wide-ranging and sentencing recommendations,several countermeasures and suggestions are proposed for the sentencing problem of guilty plea in the trial practice for reference.This thesis is divided into four parts: The first chapter is an overview of the wide-ranging and sentencing recommendations.It mainly elaborates on the wide-ranging and sentencing recommendations in two sections,sorts out the domestic and international experience from a wide range,and clarifies the significance of sentencing recommendations.The second chapter is the investigation data and status quo of the sample court pleading guilty.The author mainly conducts empirical research on the trial and sentencing of confession and punishment cases in the C District Court,completes the data screening and statistics,and based on the data,analyzes and finds that China pleads guilty.In the practice of the wide system,there are problems in the formalization of the negotiation and negotiation process,the inaccuracy of the public prosecution and sentencing,the unclearness of the wide-ranging standards,and the weakening of the entity.On the basis of the first and second chapters,the third chapter makes an in-depth analysis of the causes of confession and punishment in China.The fourth chapter is about the countermeasures of confession and punishment in the practice of trial from the issue of wide system sentencing,which should be institutionalized and standardized.