Study On Standardization Of Plead Guilty To A Lenient Sentence

Lenient sentencing is an important part of the judicial adjudication.The circumstance of sentencing play a crucial role in it.The application of sentencing methods,sentencing rules and circumstances will directly affect the outcome of the judicial judgment.So the standardization of the leniency of sentencing is particularly important in the case of guilty admission.Because the specific implementation rules of the lenient system of guilty admission and punishment are not unified in China's laws.In judicial practice,the application of the lenient sentencing circumstances of guilty admission has not been standardized.The result of plead guilty to a lenient sentence varies in different regions.In addition,the domestic research mainly focuses on the system analysis and procedure application of pleaded guilty to forfeit.There is little research on why and how to measure leniency and how to standardize sentencing leniencyIn the process of pleading guilty to a lenient case,the specific sentencing content includes the sentencing suggestions put forward by the public prosecution organs and the sentencing judgments made by the judicial organs.These directly affect sentencing results.There are irregularities in sentencing recommendations and sentencing referees,including the system and the rule two major aspects.It is necessary to perfect the system of plead guilty to a lenient sentence and construct the unique applicable rules of plead guilty to a lenient sentence.It is helpful to solve the problem of plead guilty to a lenient sentence in judicial practice.From the perspective of the long-term development of the system,it has positive significance to relieve the unbalance of sentencing and protect the rights of the accused.The reason why the case of guilty admission and punishment can be lenient derives from the theory of criminal law and its special system value.Its system value includes the procedure value and the entity value.According to the retribution punishment and the purpose punishment in the purpose of punishment,it can provide the support for the criminal law theory.The penalty theory not only provides the justification for the leniency of punishment,but also provides the operation possibility for how to measure the punishment in the case of guilty admission and punishmentStarting from the problems exposed in the judicial practice of the system of plead guilty to a lenient sentence,and based on the applicable rules that sentencing should follow in the theory,the sentence of guilty plea will be more lenient in the sentencing system to accurately position.We can explore the possibility of improving the sentencing system and the application of sentencing.The guiding role of this possibility includes many aspects such as the construction of applicable rules in common with other sentencing circumstances,the renegotiation and reasoning of accurate and improper sentencing suggestions,the standardization of sentencing methods and the hierarchical design of sentencing ranges.Through the study on the standardization of plead guilty to a lenient sentence,and the construction of the leniency guidelines of plead guilty to a lenient sentence,we can detail the specific content and range of plead guilty to a lenient sentence,and clarify the steps of the leniency of the punishment and the application of the circumstances of the punishment.It aims at standardizing the power of public prosecution organs,standardizing the discretion of judges,guaranteeing the anticipation of the judgment results of criminal law stakeholders,and guaranteeing scientific sentencing.Finally,the author realizes the balanced and fair sentencing of the guilty plea and lenient case,and realizes the lenient and standardized sentencing of the guilty plea and lenient case.