Study On The Suggestions Of Sentencing In The System Of Leniency For Guilty Plea

Since the establishment of the system of leniency for guilty plea in China,it is difficult to distinguish between the complicated cases and the simple ones,optimize the allocation of judicial resources,and effectively solve the contradiction between ensuring judicial justice and improving judicial efficiency.The sentencing suggestion is not only the carrier of sentencing consultation between the procuratorial organ and the criminal suspect and his defense lawyer,but also the link between sentencing consultation and the final judgment result,which is directly related to whether the system of leniency of guilty plea can run smoothly.In this paper,322 pleading guilty cases in district D of C city in 2019 were taken as samples for analysis,and the distribution of charges,application of procedures,sentencing rate,lawyer participation rates,sentencing recommendations,sentencing recommendations adoption rates,and differences in sentencing recommendations of similar cases were statistically analyzed.Then,with the support of statistical data,it analyzes the problems existing in sentencing suggestions under the system of leniency of guilty plea.The problems existed before sentencing recommendations were put forward: the number of cases in which lawyers participated in sentencing negotiations was small and the degree was low;There are some problems when sentencing suggestions are put forward: the way of sentencing suggestions is unreasonable,"different amount of the same case";The existing problems after the sentencing proposal is put forward:the defendant’s reneging adjustment mechanism is not perfect.Finally,countermeasures are put forward for the problems existing in the sentencing suggestions.Establishing legal consultation mechanism,giving full play to the role of duty lawyers,protecting the rights of lawyers to solve the problem of lawyers’ participation in sentencing consultation;To effectively promote the precise sentencing recommendations to solve the problem of sentencing recommendations;Formulating unified and standardized guidelines for sentencing commutation,and popularizing the use of intelligent sentencing auxiliary systems to solve the problem of "different amounts of same cases";To improve the adjustment mechanism of defendant’s reversion and solve the problem of sentencing suggestion for defendant’s reversion of guilty plea.