Research On The Sentencing Suggestions In The Leniency System Of Confession

In the leniency system for confessing guilt and punishing,the sentencing recommendations proposed by the procuratorial organ are the only important and only carrier for making a promise of preferential sentencing to criminal suspects;how the criminal suspects and defendants plead guilty and punished after pleading guilty and punished,how to lenient punishment,and how to lenient punishment.Reflected in the sentencing recommendations put forward by the procuratorial organs;the key to the realization of the system’s purpose is also that the procuratorial organs put forward appropriate sentencing recommendations.In-depth analysis of sentencing recommendations has a positive effect on the smooth implementation of the system.This article compares the sentencing recommendations in guilty and punishing cases with the sentencing recommendations in ordinary public prosecution cases under the general background of the system of lenient confession and punishment,and compares the differences between the sentencing recommendations in the two types of cases,and then analyzes the sentencing recommendations system in the plea and punishment.At the same time,this article studies the sentencing recommendations in plea and punishment cases from the perspectives of nature,formation,review and effectiveness,and proposes countermeasures to improve the sentencing recommendation system to promote the reform of the sentencing recommendation system.The first chapter is the introduction.This chapter mainly introduces the background of the topic,research significance,literature review,research methods,as well as the innovation and shortcomings of the research.This study is helpful to clarify the practical disputes of sentencing suggestions,such as the nature and effectiveness of sentencing suggestions;It is helpful to resolve the conflict among law,prosecution and defense;It is helpful to respond to the crux of the implementation of leniency system.Scholars at home and abroad have done some research on the sentencing suggestions in the cases of guilty plea,but there are still some deficiencies.As a dissertation,the topic selection and writing angle of this research is relatively new,but due to their own knowledge and ability level and other reasons,this research also inevitably has shortcomings.The second chapter of this article discusses the basic theory of sentencing recommendations in cases of confession and punishment.This chapter mainly discusses the basic theories of sentencing recommendations in ordinary public prosecution cases and the basic theories of sentencing recommendations in guilty admissions and punishment cases.From the concept and nature of sentencing recommendations in ordinary public prosecution cases,and the relationship with judicial judgments,it introduces the sentencing recommendations in ordinary public prosecution cases;The development of sentencing recommendations in guilty confession and punishment cases and the status of sentencing recommendations in guilty confession and punishment cases are analyzed from two perspectives.Chapter 3 of this article discusses the nature of sentencing recommendations in cases of confession and punishment.Discussed from two perspectives of "criminal contract theory" and "pre-judgment theory",expounding the concepts of the two theories and their respective legitimacy.This study believes that the nature of the guilty plea,punishment and sentencing recommendations is a criminal contract,and certain reasons are explained in the article.The fourth chapter of this article discusses the formation of sentencing suggestions in the system of plea guilty and punishing leniency.The formation process of the sentencing recommendation is also the negotiation process of the sentencing recommendation.After the prosecution and the parties have negotiated,the sentencing recommendation will also be conceived.From the three perspectives of strengthening lawyers’ effective defense in sentencing consultations,increasing the extent of the victim’s effective participation in sentencing consultations,and realizing the precision of sentencing recommendations,we put forward perfect recommendations for the generation of sentencing recommendations to ensure that the sentencing recommendations are adopted.Chapter 5 of this article analyzes the review of sentencing recommendations in cases of confession and punishment by the judicial organs.The analysis is conducted from four perspectives: formal review,procedure review,entity review,and basic review.The formal review includes the review of the content of the sentencing recommendations and legal documents;the procedural review includes the review of whether the suspect in the sentencing negotiation process voluntarily negotiates,whether the negotiation is equal,and whether it is a substantive and effective negotiation;the entity review includes the review of the sentencing recommendation and whether the review is obviously violated The principle of accommodating guilt,responsibility and punishment,whether it violates the same sentence in similar cases or the uniform application of the law,and whether it violates general judicial understanding;basic review includes examining whether the case of confession and punishment is insufficient in factual evidence and conviction evidence.Chapter VI of this article explains the effectiveness of sentencing recommendations in cases of confession and punishment.That is,the court prosecutors’ acceptance of sentencing recommendations analyzes the effectiveness of sentencing recommendations from four perspectives: those that do not meet the formal review,those that do not meet the procedural review,those that do not meet the substantive review,and those that do not meet the basic review.