Research On The Suggestions Of Sentencing In The System Of Penalty For Confession

With the establishment of lenient system of confession and punishment in China,the importance of sentencing advice of procuratorial organs is becoming increasingly prominent.From the tide of judicial reform in the world,the status of sentencing advice is becoming more and more important.The research object of this paper is the sentencing suggestion in the lenient system of confession and punishment.The research idea of this paper is to clarify the definition of the concept,focus on the current situation,problems and reasons of the implementation of sentencing recommendations in the lenient system of guilty admission and punishment in China,and combine the ideas of scholars at home and abroad to expound the feasible optimization method.There are four parts:The first part is the clarification of concepts.The author interprets the leniency of guilty plea and punishment,and clarifies the characteristics of voluntary,substantive and procedural coexistence of the system.The concept basis of the four sentencing suggestions is clarified,and the background of the lenient punishment suggestion is clarified.And draw from the sentencing recommendations accurate,written,substantive connotation.The second part is the existing problems in China.The problems in practice mainly include the insufficiency of consultation,the formalization of duty lawyers and the deficiency of forming norms.The theoretical problems include the lack of reasoning basis in the negotiation process,the incomplete content and the differences between the procuratorate and the court in sentencing.The third part is the experience and reference outside the country.It mainly examines the mechanism of plea bargaining in the United States and Germany.It is believed that in the deep water stage of our country’s exploration of the consultative judicial model,the extraterritorial experience provides the future development direction and reference for the construction of sentencing consultation procedure with Chinese characteristics.The fourth part is to perfect the suggestion of lenient punishment.In the three aspects of leniency,consultation mechanism and review mechanism,this paper explains the concept of sentencing suggestion of lenient system of guilty admission and punishment in our country.