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Study On The Precision Of Sentencing Suggestions In Cases Of Confession Of Penalty

Posted on:2022-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:X MoFull Text:PDF
GTID:2506306482468534Subject:Master of law
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With the revision of the Criminal Procedure Law,China has established Leniency system of confession and punishment formally.Leniency system of confession and punishment continues the tradition of giving a mitigated punishment to those who confess,surrender their crimes.It reflects the criminal policy of combining leniency with severity.All the way,this system has great values.It can alleviate the contradiction of fewer people and more cases,and balance the relationship between inflicting punishment on criminal and protecting human rights in a more detailed and reasonable way.The sentencing suggestion is the inherent content of the operation of Leniency system of confess and punishment.It is also the premise for the people's court to make a judgment.In this system,the sentencing suggestion is no longer the will of the procuratorial organ,but the consensus reached by both sides after full consultation on the sentencing.The sentencing recommendations in guilty plea cases are more binding on the court.In the trial of a case of guilty punishment,the people's court shall generally adopt the recommendation of sentencing when making the judgment.Of course,the court can refuse to adopt the recommendation of sentencing if special circumstances provided for by law are appeared.The accurate sentencing suggestion has multiple values.Firstly,precise sentencing suggestions can encourage criminal suspects and defendants to give diplomatic recognition to guilty voluntarily,thus it will improve judicial efficiency.Secondly,it can help the defendant choose to admit his guilt and punish voluntarily.There is no doubt that it can guarantee his right to know and procedure option.Thirdly,it restricts the discretionary power of the procuratorial organs,so that prevent the procuratorial organs from exercising power arbitrarily.Fourthly,accurate sentencing suggestions can enhance the predictability and stability of the court's judgment results.In practice,sentencing recommendations precision faces many challenges.For example,the sentencing range is too wide,the randomness of sentencing recommendation is strong,the procuratorial organs seldom advance accurate sentencing suggestion,the theorization of sentencing suggestion is short and so on.The above problems are mainly caused by many reasons.Such as,the lack of reasonable sentencing norms,incomplete sentencing evidence collection,the lack of effective participation of lawyers in the formation process of sentencing recommendations and the deficiency of auxiliary measures for sentencing recommendations.If these problems cannot be properly solved,there will be obstacles in the precision of sentencing suggestions put forward by the procuratorial organs,which will have an impact on the effective realization of the legislative original intention of the system of guilty confession.China is supposed to takes measures to improve the accuracy of sentencing recommendations.Firstly,a reasonable system of sentencing rules should be build up and clarify the basis as well as standard of lenient sentencing related to guilty plea.Secondly,the procuratorial organ shall collect sentencing evidence comprehensively,especially strengthen the collection of evidence on the circumstances of discretionary sentencing,At the same time,the procuratorial organ should promote the discovery of evidence on sentencing evidence between the prosecution and defense.Thirdly,the sentencing consultation between lawyers and procuratorial organs should be reinforced,and the hearing mechanism of sentencing suggestions for guilty plea cases should be constructed,so as to ensure the effective participation of lawyers in the formation mechanism of sentencing suggestions.Fourthly,improve the auxiliary measures for the precision of sentencing suggestions.Such as the rational use of big data and intelligent auxiliary systems,and the establishment of a communication mechanism between the judicial organs.
Keywords/Search Tags:Leniency system of confession and punishment, Recommendations for sentencing, Sentencing consultation, Procuratorial organs
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