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Problems And Countermeasures In The Sentencing Suggestions Of The Procuratorate In Confessing Guilt And Punishing Cases

Posted on:2022-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:X J CaoFull Text:PDF
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The sentencing recommendations of the procuratorial organs are a key link in the application and implementation of the leniency system for confession and punishment.In the review and prosecution stage,after the prosecutor voluntarily chooses to plead guilty and plead guilty,the prosecutor negotiates with the prosecutor,the defender or the attorney on duty on the handling and sentencing of the case,mainly around the type and range of sentencing.After the prosecutor and the prosecutor reach a consensus,they will sign a confession of guilt and punishment under the witness of the defender or the lawyer on duty.As the procuratorial organ assumes the leading responsibility in the application of the leniency system and sentencing negotiation,the procuratorial agency's sentencing recommendations are legal and reasonable,which can promote the prosecutor ' s voluntary confession of guilt and confession,promote the resolution of social conflicts,and improve judicial efficiency.In the trial stage,the precise sentencing recommendations of the procuratorial agency have become the reference for the court 's judgment and sentencing.Its quality is related to the maintenance of the lawful rights and interests of the prosecuted and the improvement of national and social governance.However,in practice,there are some problems with the sentencing recommendations of the procuratorial organs in confession and punishment cases.Therefore,it is of practical significance to analyze the existing problems of the procuratorial agency's sentencing recommendations,analyze the reasons,and put forward countermeasures.The first part of this article analyzes the new trend of sentencing recommendations by procuratorial organs after applying the leniency system.First of all,the sentencing recommendations of the procuratorial organs in pleading guilty and punishing cases have a higher legal effect than before,and can form a certain binding effect on court judgments.Secondly,the application of the leniency system of guilty pleas and punishment has produced a qualitative change in the prosecution ' s power to recommend sentencing.It is the result of consensus between the prosecution and the defense and has become a reference for the court in sentencing.The important reason for the incomprehensive content of sentencing recommendations in the review and prosecution phase is the lenient sentencing by the mechanized prosecution.The second part discusses the practical issues of sentencing recommendations in procuratorial organs in confessing guilt and punishing cases.The procuratorial agency's sentencing recommendations are not standardized,the sentencing consultation mechanism is not sound,the sentencing recommendations are not comprehensive,and the courts have disagreements over the procuratorial agency ' s recommendations for determining the sentencing.The evidence is based on real cases in judicial practice,which reveals the core problem that the procuratorial agency's sentencing recommendations have not been adopted by the courts in practice.The third part makes a corresponding analysis of the causes of the problems in the sentencing recommendations of the procuratorial organs.The main reason why the procuratorial agency 's sentencing recommendations are not standardized is that they have not established a unified and standardized sentencing recommendation standard.The main reason for the imperfect sentencing consultation mechanism is the unequal status of the prosecutor and the defendant,and the lack of voluntary guarantees for the prosecutor's confession and punishment.The main reason why the court has disputes over the procuratorate ' s recommendations for determining the sentence is that the recommendations for determining the sentence are highly binding on the court.The fourth part proposes targeted solutions to the problems in sentencing suggestions in cases of confession and punishment.Starting from the legislative spirit of the leniency system of confessing guilt and punishing in my country and the characteristics of the procuratorial system,In response to the main problems in the prosecution,s sentencing recommendations,The procuratorial agency,s sentencing recommendations should be standardized,comply with the principle of statutory crimes and punishments,and explore the formulation of detailed sentencing recommendations standards.The sentencing recommendations for misdemeanors and felonies can be distinguished,and ultimately promote the precision of sentencing recommendations.The prosecution and defense sentencing consultation procedures should be sound and perfect to ensure the standardization of the sentencing consultation procedures of the procuratorial organs,and effectively guarantee the effective participation of the defender or the attorney on duty in sentencing consultations.The content elements of the sentencing recommendations should be standardized,especially the standards and ranges of lenient sentencing,and the interpretation of the sentencing recommendations of the procuratorial organs should be further strengthened.The two legal and prosecutors should unify their concepts and build consensus to promote the application of the leniency system for confessing guilty and punishing cases,exploring the guidelines for sentencing recommendations in confessing guilty and punishing cases,fully relying on smart justice to build an intelligent auxiliary platform for sentencing recommendations,and intensifying training efforts to enhance prosecutors' prosecution capabilities.
Keywords/Search Tags:Prosecutors' sentencing recommendations, Leniency system for plea guilty and punishment, Sentencing recommendations
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