Research On The Precision Of Sentencing Proposal In Cases Of Admission Of Guilty And Acceptance Of Punishment

As an important cornerstone for promoting the in-depth implementation of the system of Pleading Guilty and Accepting Punishment with Leniency,as early as the nineties of the last century,there had been trial judicial practice of sentencing proposal.With the development of relevant normative documents and judicial practice,sentencing proposal have become increasingly precise.The definite sentencing proposal,especially for simple and minor common crime cases,which can guarantee the stability of the system of Pleading Guilty and Accepting Punishment with Leniency,rationally allocate judicial resources,strengthen judicial cooperation and promote judicial justice,improve the comprehensive quality of public prosecutors and other positive effects.However,due to the excessively wide application scope of the definite sentencing proposal,there are risks of improper intervention of the prosecutorial power in the trial power,over-precision leading to the formalization of the court trial,violation of the law of litigation,wasting resources,and aggravating the defendant's weakened position.How to perfect the definite sentencing proposal has also become an issue that should be studied in depth in both theory and practice.This article analyzes the current practice of definite sentencing proposal,summarizes the positive aspects and existing problems,and proposes a multilayered precise sentencing proposal solution,supplemented by supporting measures.This article is divided into five parts to discuss the theoretical research and judicial practice of the definite sentencing proposal in cases of Admission of Guilty and Acceptance of Punishment.The first part introduces the connotation of thedefinite sentencing proposal,enumerating the views of the Supreme People's Procuratorate and the author's different views on precision,which are summarized as definite precision of sentencing proposal and multilayered precision of sentencing proposal.Through combing the four development stages of the sentencing proposal system,the analysis of the increasingly precise sentencing proposal background and the disputes in judicial practice will pave the way for the value and risk discussion below;The second part is based on the introduction of representative practice of definite precision of sentencing proposal,comprehensively studies the judicial judgment of sentencing proposal in the system of Pleading Guilty and Accepting Punishment with Leniency,and summarizes the characteristics of judicial practice of definite sentencing proposal;The third part combines the main content and practical problems of the system of the Specified Number of Judge,analyzes the good effects of putting forward definite sentencing proposal in minor common crime cases,such as guarantees the stability of the guilty plea punishment system,improves the enthusiasm of criminal suspects to plead guilty,strengthens the cooperation of legal inspection active role in ensuring judicial justice,improves litigation efficiency and improves the comprehensive quality of public prosecutors;The fourth part is based on the above-mentioned precise practice of sentencing proposal,summarizing the risks of excessively wide application of definite sentencing proposal,such as improper intervention of the prosecutorial power on the trial power,over-precision cause the formalization of court trial,violation of the law,aggravating the weakening of the defendant's position,etc;The fifth part puts forward the viewpoint of constructing a multilayered precision system of sentencing proposal in view of the risks of the previous sentencing proposal.The multilayered precision of sentencing proposal is based on the existing sentencing proposal,while absorbing the positive effects of sentencing proposal,according to the nature of the case,the severity of the criminal act,the complexity of the sentencing circumstances,and the practice factors such as whether to reach a consensus on sentencing,the applicable trial procedure,and other factors have redefined and the scope of application of sentencing proposal,so as to avoid the risk of definite precision of sentencing proposal.It not only analyzes the specific classification method of the multilayered precision of sentencing proposal scheme,but also puts forward a series of supporting measures to guarantee the operation of the scheme.Based on the study of the background of the definite precision of sentencing proposal,the characteristics of judicial practice,the positive effects and risks,thispaper puts forward the viewpoint of building a multilayered precise sentencing proposal system,and makes new definition of "point accuracy" and "face accuracy" for the precision of sentencing proposal.The new definition aims to further improve the system regulations and judicial practice of definite sentencing proposal,improve litigation efficiency under the premise of ensuring judicial justice,promote the development of the system of Pleading Guilty and Accepting Punishment with Leniency and punishment and the improvement of criminal justice system.