Study On Sentencing Suggestion Of Guilty Plea And Punishment Cases

In the case of guilty plea,the reason for giving the procurator organs the right to recommend sentences with mandatory meaning is that the power can effectively regulate the judge’s punishment discretion,protect the litigation rights of the accused,and is of great significance in improving the litigation work efficiency of criminal cases in China.Through consultation with the prosecution,the prosecutor can promise to give a certain range of preferential sentencing to the voluntary guilty plea,and write the sentencing agreement reached by both sides into the formal sentencing proposal,which is very binding force on the final judgment result of the people’s court.We should see that in the case of the suspect voluntarily pleading guilty,while the right of sentencing advice is widely exercised,there are also some problems that need to be solved urgently.As one of the important powers of procurator prosecution,it plays an important role in criminal proceedings.In the cases of guilty recognition,it is necessary for us to clarify the new changes in the right of sentencing recommendation and the challenges brought by such changes to the public prosecution function of the procurator organs.This paper analyzes the characteristics of the procurator authority in the confession and punishment cases,and focuses on the consultation nature of the sentencing recommendation power,the choice of the specific exercise mode and the effectiveness of the exercise.In judicial practice,there are problems in the sentencing negotiation process,such as the unequal legal status of the two sides of the negotiation,the obvious gap in the amount of information obtained,and the insufficient clear role positioning of the duty lawyer.Based on the above problems,the author put forward the corresponding improvement suggestions,hoping to benefit the better use of the sentencing suggestion right in Chinese confession cases.First,to confirm the rights to all parties in the sentencing consultation,especially to give the accused person the right to start the consultation procedure of sentencing suggestions in the case of guilty plea and punishment.It is obviously insufficient that the accused,as the direct recipient of the operational consequences of the whole procedure,can only enjoy the negative right to the sentencing recommendation procedure in cases of guilty admission.Second,to ensure the external balance of the sentencing information.We will establish a system for presenting evidence and the disclosure of rights to ensure the equal participation of litigants in the sentencing proposal consultation procedure of cases.Third,improve the participation system of duty lawyers in sentencing consultation.We need to ensure the full coverage of the lawyers on duty in confession cases,and ensure that the pursuers who plead guilty can obtain relevant legal knowledge help in all development stages of criminal proceedings,and lay the foundation for maximizing the access to the rights and interests of leniency for sentencing.