Study On The Relationship Between Prosecution And Law In The System Of Leniency For Guilty Plea

In ordinary criminal cases,there is no certain communication between the prosecution and the defense due to disputes.Therefore,the procuratorial organs generally give priority to the range of penal recommendations.In the case of confession and punishment,the prosecution and defense have negotiated and communicated,and there is usually not much dispute.Therefore,most of the prosecutors put forward suggestions for determining the sentence.Article 201 of the Criminal Procedure Law stipulates that in cases of confession and punishment,the court’s recommendations for sentencing to the procuratorate should generally be adopted.Except for the five exceptions,does this article imply that the court must accept the sentencing recommendations made by the procuratorate,thus limiting its own judicial discretion? In the long run,it is difficult not to cause conflicts and even conflicts between the prosecution and the law.The recent traffic incident involving Yu Jinping in Beijing has aroused heated discussions.The sentencing recommendations made by the procuratorate were not accepted by the court.After that,they filed a protest for the benefit of the defendant,and the second instance still made a heavier punishment.More people in this case are concerned about whether the court of second instance violated the principle of no penalty for appeals in criminal proceedings.In this case,the author thinks how to regulate the prosecutorial power and judicial power,namely the sentencing recommendations charged by the procuratorate and the final sentence imposed by the court.From a deeper level,the issue of balance between the prosecution and defense represents the substantive restriction of the right of action between the prosecution and the defense on the power of sentencing.This article is mainly divided into four parts.The first part points out the background and research significance of the topic,and puts forward its own views based on the current research status of the relationship between prosecution and law at home and abroad,and then points out the innovation of the article based on the main research methods of this article.The second part describes the proper positioning of the relationship between the prosecutor and the law in the system of plea guilty and punished leniency.It mainly starts from the two aspects of the value objective of the procuratorial function and the positioning role of the judge,and points out the proper state of the relationship between the two;the third part mainly discusses the current situation and existing problems of the relationship between the prosecutor and the law in the current system of confession and punishment,including The influence of the current reform background on the relationship between the prosecution and the law,the binding force of the right to suggest sentencing on judges,the restriction of the right of trial on the right of suggesting sentencing,and the impact of the recognizance on court trials,and reflect on the current problems between the prosecutors and the law in the confession and punishment system in my country;The fourth part mainly analyzes in detail how to coordinate the relationship between the prosecution and the law in the leniency system.Including the protection of the voluntariness of the defendant’s confession,strengthening the sentencing consultation mechanism between the prosecution and the law,and constructing the court judicial review procedures to promote the benign interaction between the prosecution and the law in the confession and punishment system.The author believes that under the good implementation of these measures,the relationship between the prosecution and the law in the leniency system of confessing guilt and punishing in my country will stabilize,thereby promoting the efficient settlement of cases.