The Power Of Sentencing Recommendations In A Guilty Plea

The lenient system of admission and punishment reflects the criminal policy of combining leniency with severity in China,which is conducive to the realization of the simplified distribution of cases,thus saving judicial resources and improving the efficiency of litigation.Under the background of this system,the suggestion of sentencing embodies its important value,especially in the process of recognizing and punishing.Forfeit is along with the advancement of the litigation process and the process of continuous development,pleaded guilty in a criminal suspect or defendant voluntarily choose forfeit,early to forfeit to the defendant on the court after the final sentencing judge approved the process,sentencing suggestion plays an important role in cohesion,sentencing recommendations and binding in the greater confessed forfeit their system also further development.Different from the previous sentencing recommendations only having reference function,under the lenient system of admission and punishment,the sentencing recommendations have a certain degree of constraint on judicial organs,criminal suspects,defendants,procuratorial organs and victims.Generally,the judicial organ will be bound by the sentencing proposal and make the final sentencing decision within the scope of the sentencing proposal.The sentencing proposal is generated in the process of consultation between the criminal suspect and the defendant and the procuratorial organ to reach an agreement,so the criminal suspect and the defendantwill have confidence in them.Procuratorial organs are also constrained by sentencing recommendations on the basis of judicial authority and credibility.The sentencing suggestion will also make the victim expect compensation and form a certain degree of constraint on the victim.However,at present,there are some problems such as inconsistent sentencing recommendations of procuratorial organs,wide range of sentencing recommendations,and insufficient participation of lawyers.There are some claims that reduce the standard of legal proof in order to improve the efficiency of litigation.Therefore,it is necessary to analyze these problems and find solutions so as to guarantee and regulate the binding force of sentencing recommendations.This paper is divided into four parts.The first part mainly introduces the basic concept of the leniency system of admission of guilt and punishment,and differentiates it from the reform of the judicial system,the leniency system of consultation of admission of guilt and punishment and the system of plea bargaining.Then it introduces the basic theory of sentencing proposal,and finally introduces the important role of sentencing proposal and its binding force in the context of the lenient system of admission of guilt and punishment.The second part is a systematic explanation of the sentencing Suggestions in the case of admission of guiltIt includes the expression of the sentencing suggestion,the generating elements of the sentencing and the evolution of the sentencing.The third part mainly points out the problems in the process of exerting the constraint.At present,procuratorial organs do not have uniform guidelines for sentencing,nor do they have a uniform range of leniency,which weakens the exertion of sentencing recommendations and their binding force.The wide range of sentencing proposal makes the criminal suspect and the defendant unable to have a clear sentencing expectation,which affects the enthusiasm of the criminal suspect and the defendant to choose the lenient system of confession and punishment.The lack of participation by lawyers and the lack of authority have affected the voluntary protection of criminal suspects and defendants whose rights have been impaired.The idea of lowering the standard of proof to reflect the efficiency value of the lenient system of admission and punishment has influenced the procuratorial organ's grasp ofthe standard of proof.These problems are not conducive to the exertion of sentencing Suggestions.The fourth part starts with the problems facing the sentencing suggestion,and finds the solutions.By promoting the unification and precision of sentencing Suggestions,the participation mechanism of lawyers should be improved,the legal standard of proof should be adhered to,and the right of retracting of the litigant should be endowed and regulated,as well as the judicial organs' adoption mechanism of sentencing Suggestions should be improved to guarantee and regulate the binding force of sentencing Suggestions under the background of the lenient system of admission and punishment.