Research On Sentencing Recommendations In The Leniency System Of Pleading Guilty And Accepting Penalty

In the case of confession and punishment,the sentencing recommendation is a promise with judicial credibility made by the prosecutors to the accused who pleaded guilty and punishment.The modified Criminal Procedure Law in 2018 established the leniency system of pleading guilty and accepting penalty,and made the sentencing recommendation system as the supporting system.Sentencing recommendations play an important role in the leniency system,and it is related to whether the system can be implemented smoothly.However,in the current implementation of sentencing recommendations,there still exists some problems,such as inaccurate legal provisions about the effectiveness of the sentencing recommendations,unclear binding force,insufficient standardization,improper exercise of the defendant's right to appeal and the right of prosecution to protest,insufficient protection of the rights and interests of the victim and the defendant,etc.There are many reasons for these problems,some are resulted from the problems in the legislation,and others are because of the improper operation of sentencing recommendations in judicial practice.In order to deepen the understanding of the sentencing recommendations of the leniency system,this thesis is based on the leniency system of pleading guilty and accepting penalty,on the basis of general analysis of the leniency system and sentencing recommendations,through the analysis of legal norms to explore the problems of the sentencing recommendations in legislation,according to the empirical research to investigate the problems of it in judicial practice,and then put forward targeted and perfect suggestions on the problems for the sentencing recommendations of the leniency system.The thesis has been split into three parts,including the introduction,the main body,and the conclusion.The main body is covered with four chapters,mainly discussing the connotation of the system,analysis of legal regulations and legislative issues,investigation of implementation status and exploration of judicial practice issues,and putting forward the perfect suggestions.The specific framework is as followed: the first chapter is the connotation of sentencing recommendations of the leniency system of pleading guilty and accepting penalty,and mainly discussed the basic contents of this system and the sentencing recommendations,which refer to the system's concept,content,theoretical basis,and the value goal,the nature and functions of the sentencing recommendations.The second chapter is the legal provisions and the problems of sentencing recommendations in legislation,mainly talking about its legislative evolution and current situation,and analyzing its legislative problems.The third chapter is the practical exploration and the analysis of its problems in judicial practice,through empirical research on the plea guilty punished cases handled by the procuratorate of W District,W City,A Province from2019 to 2020 as an example,analyzing the sentencing recommendations' practical condition and problems in judicial practice.The forth chapter is put forward targeted and perfect suggestions to sentencing recommendations of the leniency system of pleading guilty and accepting penalty.