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Problems And Countermeasures Of Sentencing Recommendations In The Leniency Cases Of Confession And Punishment

Posted on:2021-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
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The leniency system of confession and punishment was officially included in the Criminal Procedure Law in October 2018 after experimental work.From then on,the implementation of the system has achieved certain results.For example,it has improved judicial credibility and the quality of public prosecutions,streamlined trial procedure thus improved trial efficiency,promoted effective resolution of social conflicts.However,there are still disputes in practice,such as whether the sentencing recommendations proposed by procuratorate should be a definitized sentence or a range-sentence.In order to resolve such kind of disputes,Supreme People's Court,Supreme People's Procuratorate,Ministry of Public Security,National Security and Ministry of Justice issued Guiding Opinions on the Application of the Leniency System of confession and punishment(hereinafter referred to as the Guiding Opinions)on October 24,2019,which makes relatively clear stipulations on a series of issues,such as:the basic principles,the comprehension of leniency,the rights protection of the accused and victim,and sentencing suggestions.However,we can still find some problems in its application,such as: inadequate consultation about sentencing recommendations between prosecution and defendant,unclear standards of sentencing recommendations,a limited application of sentencing recommendations,and unclear standards for leniency.The sentencing recommendation is the key of Leniency System of Confession and Punishment.Whether it's standardized or not is related to the successful operation of the system or not.Therefore,it's very important to regulate the sentencing recommendations.There are some corresponding researches about sentencing recommendations on it process,adjustment mechanism,and precise sentencing suggestions made by scholars in the past.However,scientific regulatory mechanism of sentencing suggestions has not be formed.It's still difficult to solve various problems in practice effectively.It follows that the sentencing suggestions of leniency cases of confession and punishment should be further analyzed and studied systematically.In summary,the article uses the method of literature analysis,the method of comparative analysis,the method of case analysis,and the method of real-evidence analysis to study the leniency cases of confession and punishment.By analyzing legally the leniency cases of confession and punishment collected in China between 2016-2019,and the XX Court of Taiyuan City in 2019.The writer briefly summarize the application of the system in China and XX Court,find problems of the sentencing suggestions,ponder over and analyze possible causes,and then propose corresponding feasible methods of solution,such as:improving the sentencing consultation mechanism,promoting the accuracy of sentencing suggestions,clarifying the scope of leniency,and improving the quality of judicial staff,etc.The article strives to put forward feasible strategies for the sentencing suggestions in leniency cases of confession and punishment in China,so as to bring the value and superiority of leniency system of confession and punishment into full play,and achieve its long-term development.
Keywords/Search Tags:Leniency System of Confession and Punishment, Sentencing Suggestions, Negotiation between Prosecution and Defense, Definitized Sentencing Recommendations
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