Research On The Dilemma And Way Out Of The Accuracy Of Sentencing Recommendation In The Case Of Confession And Punishment

The leniency system of confession and punishment established in the criminal procedure law of 2018 endows the procuratorial organ with new connotation and substantive power in the sentencing suggestion right in the case of confession and punishment.Compared with the sentencing advice in ordinary criminal cases,the sentencing advice in guilty plea cases has the following characteristics: it contains the agreement of both the accuser and the defender,has legal binding force on the sentencing judgment of the court,and it is the legal duty of the procuratorial organ to put forward the sentencing advice.The sentencing suggestion of the procuratorial organ is the key link of the effective operation of the leniency system of confession and punishment,and the precise sentencing suggestion has also been confirmed by the theory and judicial interpretation.The in-depth study of the precise sentencing proposal will help to re-examine the public prosecution power under the guidance of the procuratorial organ and solve the problems in the process of promoting the precise sentencing proposal.To realize the accuracy of sentencing recommendations for guilty confession and punishment cases is not only related to the balance of justice value and efficiency value in criminal proceedings,but also to improve the efficiency of case handling,and to play a substantial role in supervising the sentencing decisions of the court,so as to promote the justice and openness of sentencing in the court.In the process of promoting precise sentencing proposal,there are many difficulties,which perplex the grasp of the leniency of confession in judicial practice: the precision level of sentencing proposal needs to be improved,sentencing negotiation is unbalanced,there is no restriction on the discretion of the procuratorial organ,the proportion of concession after confession has not been clearly stipulated in the criminal law,and whether leniency includes the mitigation of punishment is controversial.Specifically,due to the insufficient capacity of some prosecutors,they are unable to cope with the pressure brought by the reform of the judicial responsibility system,coupled with the judge's conflict with the sentencing recommendations,leading to the shrinking of the application of the precision of sentencing recommendations;due to the unclear criteria of the precision of sentencing recommendations,the proportion of the precision of sentencing recommendations in practice is low,and the precision of sentencing recommendations needs to be improved;due to The lawyer on duty system is not perfect,the lawyer on duty witnesses formalization,and the sentencing consultation procedure is fuzzy,which leads to the imbalance between the prosecution and the defense consultation,and the defenders and the lawyer on duty can not really participate in the sentencing consultation;because the procuratorial organ has not yet built an effective supervision mechanism,although the adoption rate of sentencing recommendations remains high,the sentencing recommendations also have a more substantial impact on the court's judgment,but it is true In practice,the discretion of precise sentencing proposal is suspected of expansion.In order to solve the above difficulties,we should start from the following aspects: in the criminal law,we should make provisions for confession and punishment,pay attention to its procedural value,clarify its relationship with surrender and confession,set up a step-by-step sentencing reduction ratio,so that prosecutors can accurately grasp the range of leniency after confession and punishment;strengthen the cultivation of the ability of sentencing of prosecutors,eliminate the awareness of legal prosecution on accurate sentencing suggestions To clarify the connotation and evaluation criteria of the precision of sentencing proposals,to solve the problems of insufficient motivation and ideological barriers when prosecutors put forward the precision of sentencing proposals;to introduce a consultation culture,establish a strict and standardized sentencing consultation procedure,ensure lawyers,especially duty lawyers,fully participate in the consultation,and build an effective sentencing consultation mechanism;to establish a sentencing proposal filing analysis mechanism,revise and improve the sentencing proposal Guidance,improve the supervision of sentencing recommendations for guilty plea cases,and constantly improve the accuracy of sentencing recommendations for guilty plea cases;learn from foreign practices,unified sentencing guidance documents,guidance cases,etc.to provide reference standards and basis for accurate sentencing.