Research On Sentencing Recommendations In The Leniency System Of Confession And Punishment

The procuratorial organ reached an agreement on sentencing with the accused and the defendant and signed a confession and punishment statement.The court recognized the sentencing proposal as a sign that the leniency system of confession and punishment was truly implemented in the case.From this point of view,the Sentencing recommendation in the leniency of guilty plea is the most crucial part in the application of guilty plea system.A high-quality sentencing recommendation that reflects the protection of the freedom of will of the person being prosecuted and the judicial civilization,It also highlights the value demands of the system of lenient admission and punishment to improving the efficiency of proceedings,protecting human rights,and highlights the concept of the rule of law that justice is fair and efficient with mercy.Although procuratorial organs put forward the sentencing recommendation,there are many links between the formation of the sentencing recommendation and the final acceptance and recognition by the court,and the problems in any link will affect the legal and social effects of the sentencing recommendation and the final handling of the case.The quality of Sentencing recommendations is very important because it has a strong influence on the judgment of sentencing and is directly related to substantive justice.Through the study of similar systems in countries outside the region such as the United States and Germany,it is not difficult to find that the common characteristics of their systems are as follows:The first is that the negotiation of confession and punishment needs the professional help of lawyers;the second is that the measurement of confession and punishment must guarantee the willingness and authenticity of criminal suspects,and carry out judicial review;the third is that evidence disclosure is needed in the negotiation process of confession and punishment;the fourth is to establish the mechanism of confession and punishment.Although there are some relevant provisions in the legislation and judicature of our country on the leniency system of the accused’s confession and punishment,there are some deficiencies,including:There are still some defects in the voluntary guarantee of criminal suspects and defendants,the limited help of lawyers,especially duty lawyers,the lack of design of evidence disclosure system in the procedure of confession and punishment,the lack of equal consultation in the process of the formation of confession and punishment sentencing proposal,the inadequate consideration of the opinions of victims,the insufficient standardization and accuracy of sentencing proposal,the lack of rationality in sentencing proposal This paper discusses the binding force of sentencingrecommendation,how to standardize sentencing recommendation,how to fully protect the litigation rights of the accused and the victim in the formation process of sentencing recommendation,how to improve the quality and acceptance rate of sentencing recommendation,analyzes the problems and reasons in its practice,and puts forward the improvement path.