| Through the discussion and practice in past 4 years,the necessity of accurate sentencing advice has been widely demonstrated and recognized in the cases of pleading guilty and accepting punishment.The higher the precision degree of sentencing advice,the more initiative,stability,depth and breadth of procedure application can be improved.However,why is the degree of precision in the current judicial practice far from meeting the requirements? This paper begins with the views raised,analyzes the current situation of system operation,deconstructs the formation process of sentencing suggestions,looks for the problems existing in various subjects,and finally puts forward solutions.The main contents of this paper are as follows:The first part is the introduction.It mainly elaborates the existing problems and the current situation of academic research,and explains the research methods and innovative points of this paper.The second part is the current situation about the precision of sentencing recommendations.By comparing the provisions and development of legal documents,it’s clear that both the original intention of legislation and the requirements of practice are precision.Combined with specific cases,we can find that the current sentencing recommendations are not accurate enough.In the end,it summarizes the intension of accurate sentencing suggestions in line with the current situation of China’s national conditions,and demonstrates it from three aspects of sentencing recommendations: "precision","accuracy" and "reasoning".This provides the basis for the subsequent discussion and research.The third part analyses the constraints on the precision of sentencing recommendations.With deconstructing the whole process of the sentencing recommendations formation,this paper finds out the problems of each subject in each stage.From the foundation of the proposal perspective,the main reason is that the procuratorial organs are lack of ability and difficult to convert to the neutral position,and the exclusion attitude of the specific judges also brings some obstacles objectively.From the stage of proposing,there are various defects,including that no substantial sentencing consultation,no effective legal help,the lack of reasoning on sentencing proposals and the absence of voluntary guarantee.From the perspective of the adjustment process,the inconsistency of starting adjustment standard and the difficulty in completing the adjustment impair the precision.From the feedback stage,the lack of rational judgment,the uncorrected cognitive bias and the ineffective judgment from malicious use of the system are all obstacles to the formation of a virtuous cycle of interaction,which affects the precision of sentencing recommendations in the long-term significance.The fourth part is the path construction to the precision of sentencing recommendations.In view of the above problems,first of all,it is necessary for the public security bureau,the people’s procuratorate,the court and the lawyers to jointly formulate the normative and flexible sentencing guidance with complete content,which is the premise and basis of accurate sentencing recommendations.Secondly,the sentencing consultation mechanism needs to be established from three aspects of ensuring the equal status of each subject,exploring the evidence discovery system and guaranteeing the voluntary nature of criminal suspects,so as to smooth the way of precision in the key links.Finally,the adjustment of feedback mechanism should be improved,mainly includes the unification to the understanding and application of legal provisions,the adjustment to the appraisal mechanism and concept,and the enhancement to the reasoning of legal documents. |
