Research On The Sentencing In The Leniency System Of Guilty Plea

The criminal procedure law was amended in 2018.Article 15 clearly stipulates that "if a criminal suspect or defendant voluntarily and truthfully confesses his crime,and if he confesses the fact of the crime charged and is willing to accept punishment,he may be given leniency according to law",and Leniency System of Guilty Plea was formally established.The establishment of the system aims to further implement the criminal policy of combining leniency with severity,saving on judicial resources and improving the efficiency of litigation.The procuratorate and the defendant reach agreement through sentencing negotiation,and the defendant sign the confession is the most important part of this system.Sentencing proposal have a decisive impact on the outcome of the trial,and have a direct stake in defendant and the victim.The quality of sentencing proposal is directly related to the realization of the goal of the Leniency System of Guilty Plea.Therefore,the sentencing proposal deserve our focusing on it and further study.This paper aims to studying the difficulties of procuratorate making sentencing proposal under the Leniency System of Guilty Plea,analyzing it from the aspects of legislation and judicature,and try to provide perfect ideas.This paper is divided into four parts.The first chapter is an overview of the sentencing proposal under he Leniency System of Guilty Pleat,which mainly discusses the concept and goal of this system,the concept and function of the sentencing proposal,as well as the characteristics,importance and principles of the sentencing proposal under the Leniency System of Guilty Plea.The second chapter is about the problem of sentencing proposal under the Leniency System of Guilty Plea in legislation.It mainly discusses the binding force of sentencing proposal and the standardization of sentencing proposal.The third chapter is the issue of sentencing proposal in the judicial under the Leniency System of Guilty Plea,mainly including the issue of sentencing negotiation between prosecution and defense,the victim's status in the system,and the ability of procuratorate to make sentencing proposal.The fourth chapter is the way to perfect the sentencing proposal in the case of admission of guilty and acceptance of punishment.