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

Posted on:2022-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z ChenFull Text:PDF
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With the rapid development of China's economy and the complex and diverse social environment,the number of criminal cases in China is increasing,showing a large number of cases,new types of cases and diversified trends.In this case,in 2018,China formally incorporated the leniency system of guilty plea into the scope of the criminal procedure law.The reform of China's criminal procedure system has a bright and brilliant future,which is inseparable from the foundation of the system of pleading guilty and leniency.The criminal policy of temper justice with mercy is conducive to the realization of the value of judicial justice and litigation efficiency.Sentencing suggestion,as the basis of the system of guilty plea and leniency,condenses the agreement between the prosecution and the defense,which is of great significance to improve the efficiency of litigation,effectively resolve social contradictions and establish a modern harmonious new society.In reality,although the issues related to sentencing proposals have aroused extensive discussion in academic and judicial circles,and China has been constantly improving through the form of legislation,the relevant controversial issues have not been finalized.In this paper,through case analysis,literature research and comparative analysis,based on the system of guilty plea and leniency,through three typical cases to explore the relevant issues of sentencing suggestions.The main content of the first chapter is the brief introduction of the case and the focus.This paper selects three typical cases of pleading guilty and accepting punishment.After analyzing the judgment documents,it carefully studies how different procuratorial organs put forward reasonable and universal sentencing suggestions for the three typical cases with different degrees of severity and different sentencing circumstances.From the reasoning and interpretation of the judgment documents,this paper explores whether the court puts forward a reasonable basis for the adoption of procuratorial sentencing suggestions.Finally,the author refines the focus of the case,including: confession of guilt and punishment as an independent sentencing plot,the leniency of sentencing proposal is too broad,and the accuracy of sentencing proposal.The main content of the second chapter is to carry out jurisprudential analysis around three controversial focus issues.First of all,whether to expand the concept of independent sentencing circumstances and include the circumstances of confession and punishment is a focus issue worthy of attention in the hearts of all the people who hope that the judicial environment of criminal procedure in China will be better and better.If we affirm its independent status,we should think about how to confirm it.At the same time,how to distinguish the relationship between the circumstances of confession and punishment and the circumstances of voluntary surrender,confession and sentencing is directly related to the rationality of sentencing suggestions.Secondly,the development of sentencing recommendations is inseparable from our norms of leniency.People's yearning for a better life is inseparable from the stable application of the leniency system of confession and punishment,and the non-uniform sentencing standards just hinder the smooth operation of the system;The wide range of sentencing does not fully match the current situation of the rapid development of China's judicial system.Finally,the accuracy of sentencing recommendations involves the improvement of judicial effect.Under the background of its general development,it is also worth considering how to choose the sentencing recommendation mode according to the specific circumstances of the case and how to consider relevant factors when making accurate sentencing recommendations.The third chapter is mainly about the legal analysis,and puts forward suggestions for the effective generation and application of sentencing suggestions.As far as the independence of the circumstances of confession and punishment is concerned,the independent status of the circumstances of confession and punishment is established through the clear provisions of legislation,so as to enrich the basis for the sentencing proposal,so that the damaged social relations can be timely and effectively compensated and social contradictions can be alleviated;As far as the sentencing range is concerned,the standardization of sentencing from wide range is promoted by making unified sentencing standards and step-by-step;In terms of the effective implementation of the precise sentencing proposal,the adoption rate of sentencing recommendations can be reasonably standardized so that the procuratorial organs will not fall into the vortex of low quality and heavy workload due to the high adoption rate index.Through strengthening the rational function of sentencing suggestion,improving the ability of sentencing advice of procuratorial organs,and improving the mechanism of sentencing consultation,the author hopes to guarantee the voluntary nature of the accused to confess guilty punishment and the scientificity of sentencing advice in judicial practice.
Keywords/Search Tags:Sentencing Recommendation, Circumstances of Confession and Punishment, Leniency in Sentencing, Suggestions on Accurate Sentencing
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