Research On The Sentencing Suggestions Of The Leniency System Of Guilty Plea

The establishment of the system of leniency of confession and punishment in the Criminal Procedure Law has brought about a great change in the sentencing recommendations of the procuratorial organs.Whether the sentencing concession granted by the procuratorial organ to the accused’s confession and punishment is reasonable and how accurate it depends to a large extent depends on the function and effectiveness of the sentencing recommendation.The formation mechanism of sentencing proposal,the sentencing consultation procedure,is the key to implement the sentencing recommendation system.And the sentencing power of the procuratorial organ in the system of confession and punishment may have a great influence on the discretion of the judicial organ.It can be said that the sentencing proposal plays an important role in promoting the leniency system of confession and punishment.Therefore,to improve the system of leniency of confession and punishment,we must first strengthen the sentencing recommendation work of the People’s Procuratorate.Judging from the judicial practice since the establishment of the system of clemency,there are many disputes and problems in the process of handling cases,the procuratorial organs in the process of exercising the power of sentencing advice.In this paper,through investigation and other ways to find the problems of the prosecution’s sentencing recommendations,and for related problems to propose solutions.The article is divided into three parts,the first part is the basic problem of confession and punishment from the leniency system sentencing proposal.Because of the provisions of the Criminal Procedure Law on sentencing recommendations "generally should be adopted",the nature of sentencing recommendations and other issues are controversial.The first part briefly expounds my point of view on the relevant disputes involved in the nature of sentencing proposals(the right to seek or sentence),the mechanism for the formation of sentencing proposals(the mechanism for consultation on sentencing)and the way in which sentencing proposals are put forward(determining the punishment and the range of punishment).The second part is through empirical analysis,found that the guilty plea and punishment cases of sentencing recommendations of the practical situation and existing problems.Through research and analysis,the court’s adoption rate of sentencing recommendations has been increasing,but also exposed a lot of problems,first,in the formation mechanism of sentencing recommendations,sentencing consultation procedure norms there are obvious shortcomings,such as the uneven power of prosecution and defense,the lack of uniform sentencing guidance norms,as well as the effective help role of duty lawyers difficult to play.Second,the two prosecution laws,represented by the "Yu Jinping case",compete for the dominant power of sentencing.Third,the accuracy of sentencing recommendations needs to be improved.The third part mainly focuses on the purpose of effectively improving the quality of the recommendations for sentencing in clemency cases,and puts forward the following solutions to the problems of the second part: First,standardize the sentencing consultation procedure.