Study On Sentencing Proposals From The Wide System Of Guilty Pleas And Punishments

As one of the ways of judicial supervision of the procuratorial organs,the sentencing proposal largely determines the effect of the application of the system of confession and punishment from the wide system.The 2018 revision of the Code of Criminal Procedure fully incorporates the successful practices and experience of of the wide-ranging pilot of guilty pleas.At the same time,sentencing recommendations also as a supporting procedure from the pilot phase into the legislation,from the sentencing recommendation sitority has a real legislative basis.In the proceedings of the case of guilty plea,the procuratorial organ changed from passive to active and participated more fully in the trial,which made the realization of judicial fairness more than one guarantee.Therefore,sentencing proposal plays an important role in promoting the fairness and reasonableness of sentencing and guaranteeing the full play of the broad system value of guilty plea.However,in theory and practice,there are still many problems in the sentencing proposal of the system of guilty plea and punishment,so this paper analyzes and studies it in four chapters,hoping that these rational thinking can promote the effective operation of the subject in practice.The first chapter collates the theoretical basis of sentencing recommendations from the system of guilty pleas,summarizes the existing legal provisions,and lays the foundation for the development of the latter.The second chapter examines the relevant system legislation abroad and makes a comparative analysis of the regulations of our country.Including the United States plea bargain system,the United Kingdom’s "guilty plea" procedure analysis,the French "pre-trial guilty plea defense procedure" to examine the German criminal consultation procedure,the Italian "to the request of the parties to apply the penalty" special procedures combed,and finally compared with the provisions of our country.The third chapter lists the problems existing in the sentencing recommendation of the guilty plea from the wide system,from the limited material source of sentencing recommendation,the insufficient binding force of sentencing recommendation and the imperfection of the safeguard mechanism to explore the practical dilemma of the sentencing recommendation from the wide system of guilty plea and punishment.The fourth chapter combines the above discussion,puts forward rational modification suggestions for the improvement of sentencing recommendations from the wide system of guilty pleas and punishments,mainly from the aspects of expanding the material source of sentencing recommendations,enhancing binding force and perfecting the safeguard mechanism.