Research On The Precise Sentencing Proposal In Case Of Guilty Plea And Accepting Penalty

Sentencing suggestion is a way for prosecutors to express their views on sentencing in criminal cases.After nearly 20 years of development,it has gradually become a judicial practice.For the court,the sentencing suggestion of prosecutors is not only a public prosecution opinion that needs to be respected,but also a suggestion and reference for sentencing.In the current reform of the judicial procedure,the sentencing proposal is endowed with new significance,which also brings new requirements for the judicial authorities.the reform is sure to bring new changes to the relationship between the law and prosecution and that between the prosecution and the defense.In this context,the judicial circle began a series of research and exploration into how to make sentencing proposals more accurate.Firstly,in order to make the sentencing suggestions develop in a more accurate direction,we must grasp the original legislative intention of the legislators for the design of the whole system of guilty plea and leniency,as well as the original intention of a series of subsequent judicial interpretations,take the sentencing suggestions as the starting point,improve the whole system,and achieve the legislative expectation of the legislators.On this premise,according to the classification of penalty cases,taking the different classification of cases as the main line,we can accurately define the range of leniency and the degree of certainty of sentencing suggestions.Secondly,to promote the accuracy of sentencing recommendations,we need detailed and comprehensive sentencing guidelines as a reference;Give full play to the role of judicial organs in cases of pleading guilty.The Sentencing Guidelines previously published in China have lagged behind the judicial practice,so we should formulate more complete sentencing guidelines in combination with the latest judicial practice,publish corresponding typical and atypical cases according to the types of criminal cases in China and strengthen the connection between the court and the procuratorial organs on the basis of a better consensus between the two,so that procuratorial organs can propose accurate sentencing suggestions.Thirdly,to promote the accuracy of sentencing proposals,we must strengthen the negotiation between the prosecution and the defense.To promote the accuracy of sentencing proposals is not a one-man show for the procuratorial organ,and the defense is not a puppet.The defense can also put forward its own opinions on sentencing proposals,giving the defense a certain space for negotiation,so as to promote the agreement between the two sides.to improve the participation of judicial organs in the cases of pleading guilty and accepting punishment is conducive to strengthening legal supervision,giving the defense a way to express their opinions,and giving full play to the neutrality and finality of the court.Finally,to promote the accuracy of sentencing suggestions,we should make use of modern science and technology information technology,learn from advanced algorithm formula and big data system analysis,integrate massive cases and documents into the sentencing auxiliary system,and get a relatively accurate sentencing suggestion through system calculation,so as to assist prosecutors in sentencing and procuratorial work.The precision of sentencing proposal represented by definite penalty is in the initial stage,only by choosing the right path can we promote the development and improvement of relevant systems and solve practical problems.Only based on the current situation of criminal justice under China’s national conditions,truly implement the criminal policy of temper justice with mercy,judicial organs should "use power prudently and punish as its crime",use precise sentencing suggestions to promote the scientization and standardization of sentencing suggestions,and maximize judicial justice while improving judicial efficiency.