Research On The Accuracy Of Sentencing Suggestions Of Procuratorial Organs From A Wide Perspective Of Confession And Punishment

Sentencing suggestion has been formed and developed in criminal justice practice in China for nearly 20 years.However,after the criminal procedure law of the People's Republic of China(hereinafter referred to as the Criminal Procedure Law)was revised in 2018,the principle of leniency in confession and punishment has become a basic principle in China's criminal procedure,the main content and connotation of sentencing advice also changed.In the case of confession and punishment,conviction is no longer an important part of the criminal procedure,but sentencing is becoming more and more important.In this context,the judicial practice also puts forward higher requirements for the sentencing suggestions of the procuratorial organs.It is an important work for the procuratorial organs to put forward accurate sentencing suggestions,that is,the accuracy of sentencing suggestions.First of all,through the overview of the concept of precision of sentencing advice and the relationship between it and the confirmation of sentencing advice under the system of leniency of confession and punishment,it shows that the implementation of leniency of confession and punishment has changed the content of previous sentencing advice,increased the content of sentencing advice,and also shows that although the confirmation of sentencing advice cannot be the same as the precision of sentencing advice,the construction of sentencing It is the development direction of the precision of sentencing suggestion to discuss definiteness.Secondly,it analyzes the necessity and feasibility of the precision of the sentencing suggestions put forward by the procuratorial organs,so as to show that the standardization and precision of the sentencing suggestions have also made some achievements since the trial of the leniency of confession and punishment system and the amendment of the criminal procedure law,which creates conditions for the development of the precision of the sentencing suggestions.Thirdly,through the analysis of 136 criminal cases of traffic accident in 2019 in Sichuan Province,the author finds that there are some problems in judicial practice,such as high adoption rate of sentencing recommendations,low proportion of sentencing recommendations,large range of sentencing recommendations and lack of reasoning on sentencing recommendations.Finally,in view of the problems existing in these judgments,the author's suggestions are to adopt scientific evaluation of the adoption rate,strengthen supervision and restriction,increase the proportion of sentencing recommendations,reduce the range of sentencing recommendations and strengthen the prosecution's reasoning on sentencing recommendations.