Research On The Problem Of Sentencing By Judicial Organs In The System Of Pleading Guilty And Pleading Punishment With Leniency

Combining with the theory of criminal responsibility penalty and preventive penalty,,judges should strictly follow the sentencing steps of responsibility penalty and preventive penalty to determine the penalty.In the case of lenient confession penalty system,judges determine the penalty of responsibility after determining the statutory penalty,combined with vajrious circumstances affecting the penalty of responsibility,after determining the point of a penalty of responsibility applicable in a specific case,the point of the penalty of responsibility.In order to realize the incentive effect of lenient system of confession of guilt orn criminals in sentencing and thus imp'rove the application rate of this system,the prosecutor's sentencing suggestions within the scope of preventive penalty should be generally adopted by judges.Secondly,in the lenient system of plea guilty,the justification of lenient punishment for guilty suspects and defendants is not based on improving judicial efficiency,saving judicial costs and alleviating the pressure of more people and fewer cases,but through voluntary and trae plea guilty,thus reflecting the reduction of personal danger and the possibility of recidivism,thus the penalty is imposed on them.The necessity of prevention and reduction.In addition,both sides of the plea bargaining in not including the suspect and the defendant identity for charges,in sentencing negotiations,the prosecutor's sentencing suggestion right will be within certain limit constraints and decide on the judge's sentencing,in order to improve the recognition rate of application of penalty guilty leniency system,judge for the prosecutor in the the prevention of punishment within the limits of the sentencing suggestion,should generally be At the same time,the judicial organs should discuss the feasibility of the intervention of the consultation procedure of pre-trial sentencing between the prosecution and the defense.In order to protect the legitimate righ ts of criminal suspects and defendants,the judicial organs may allow criminal suspects and defendants to exercise the right of withdrawal of guilty confessions and exclude the recognition and punishment they signed,before,under the circumstances that the prosecutor changes the suggestion of aggravating sentencing.Affidavit identified as a criminal suspect or defendant guilty confession evidence to use.