Perspective And Resolution Of The Accurateness Of Sentencing Recommendation In The Case With The Pleading Guilty And Accepting Punishment

The leniency system for pleading guilty and accepting punishment divides complicated cases into simple ones,which is consistent with the concept of litigation reform centered on trial.With the gradual development of procedural efficiency,the accurateness of sentencing suggestions has also become one of the concerns in the reform of the system of leniency for pleading guilty.The realization of the accurateness of sentencing suggestions has a very high value for easing the pressure of judges in handling cases and improving the quality of guilty plea cases.However,since sentencing belongs to the constituent part of judicial power,and sentencing suggestions power belongs to the constituent part of sentencing power,so it should have its own inherent attribute in the aspect of value.The realization of the accurateness of sentencing suggestions is not a simply technical trade-off between " penalty with a range" and " determinate penalty".From the point of the program logic of the leniency system for pleading guilty and accepting punishment,the reform of the accurateness of sentencing suggestions actually involves the relationship between the judicial power and the prosecution power during the criminal procedure,and these relationships work together to determine the legitimacy basis of the reform of the accurateness of sentencing suggestions.We Must understand clearly the Logic of rights distribution between the judicial power and the prosecution power behind the sentencing suggestions in the leniency system for pleading guilty and accepting punishment.Only in this way can we straighten out obligatory attributes of sentencing suggestions and further find the "macro dilemma" and "micro dilemma" hidden inside the accurateness of sentencing suggestions and find a reasonable and legitimate path of the reform of the accurateness of sentencing suggestions.Finally,it can promote the display of the efficiency value of the efficiency value of the leniency system for pleading guilty and accepting punishment on the basis of protecting the rights,thus promoting the process of the entire criminal rule of law.The research is divided into three parts:The first part analyzes and combs the obligatory nature of the sentencing suggestions for pleading guilty and accepting punishment.Based on the comprehensive analysis of concept differences of system,the division of litigation structure,the attribute of procuratorial power and the logical starting point and the value pursuit of the leniency system for pleading guilty and accepting punishment,Chinese criminal justice has experienced long-term development,actually it takes "substantial truth" as the basic idea of the procedure.Looking back the history of procuratorial power and examining it in the constitutional context,"power balance" is the basic logic of procuratorial power.However,although efficiency is the primary value the leniency system for pleading guilty and accepting punishment,the protection of rights is still its bottom line.Combined with the above factors,the sentencing for pleading guilty and accepting punishment in China only has the power attribute of seeking punishment and suggestion right,but not the judgment right and decision right.The second part analyzes the particularity of the accuracy of sentencing suggestions and draws the conclusion that there is an endogenous contradiction between its own and the obligatory attributes of sentencing suggestion for pleading guilty and accepting punishment.The specific performance of contradictions are two major dilemmas.On the macro level,it has the danger of shaking the principle of the separation of prosecution and trial,intensifying the contradiction between courts and procuratorates and weakening the protection mechanism of the rights of the accused.On the micro level,it shows that the existence of power barriers in the procedure hinders the development of the communication mechanism between courts and procuratorates,the excessive leading of the control party in the process of pleading guilty and accepting punishment,non-Substantive rights protection of the accused and the unclear allocation of responsibility for wrong cases.In the third part,the author puts forward the way to improve the system around the dilemma faced by the accuracy of sentencing suggestions.On the one hand,through the legal doctrine explanation of "the agency mode of sentencing power",the re-understanding of "Generally should be adopted " in article 201 in the Criminal Procedure Law and the assumption of constructing of the profound reform between misdemeanor and felony so as to resolve the macro dilemma.On the other hand,by constructing the public prosecution mechanism in the leniency system for pleading guilty and accepting punishment,the procedural mechanism of supervision of judge's intervention for pleading guilty and accepting punishment before the trial,the evidence discovery system and promoting lawyers' power substantive,finally establishing the guarantee mechanism of pleading guilty and accepting punishment for judges in misjudged cases,expect that it can eliminate the dilemma factors of the reform of the accuracy of sentencing suggestions on the micro level.