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Research On Precision Sentencing Under The System Of Admitting Guilty And Admitting Punishment

Posted on:2022-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2506306563963039Subject:legal
Abstract/Summary:PDF Full Text Request
After a two-year trial,the system of lenient confession of guilt and punishment has officially become the content of the newly revised Criminal Procedure Law in 2018.In this regard,the procuratorial organ’s power to recommend sentencing has a legislative basis.Subsequently,the “Guiding Opinions on the Application of the Leniency System for Plea and Punishment”(hereinafter referred to as the “Guiding Opinions on Plea and Punishment”)issued in 2019 confirmed the “precise sentencing recommendations”.In confessing guilt and punishing cases,due to the behavior of the perpetrator pleading guilty and punishing,precise sentencing recommendations have become very important.It is not only the legal power of the public prosecution agency,but also an important guarantee to meet the reasonable expectations of the prosecutor.The quality of sentencing recommendations determines the realization of the fair value and benefit value of the confession and punishment system.Public prosecution agencies can improve the ability of the precision of sentencing recommendations to better promote the implementation of the confession and punishment system.In addition to the introduction,this article mainly elaborates from three aspects: The first part introduces the connotation and extension of the precision of sentencing recommendations and analyzes the rationality of precision under the system of confession and punishment.This article advocates the adoption of a "precise" sentencing model in principle.The second part elaborates the current situation and the problems faced in the precision of sentencing recommendations for confessed guilty and punished cases in practice,and analyzes the causes of the problems.Generally speaking,the main problem is that the accuracy of sentencing needs to be improved.The procuratorial organ’s level of precision sentencing recommendations is limited due to various reasons: 1.The lack of a precise entity basis.Since the trial of the confession and punishment system,research on the leniency standard of the system has been endless.In the trial,local procuratorial organs also implemented the "321" stepwise leniency sentencing.However,no standardized standard documents have come out,and there is a lack of substantive standards.It is inevitable that the procuratorial organs will be frustrated with the precision of sentencing recommendations.2.The procuratorial organs are insufficiently prepared.On the one hand,relatively speaking,the appearance and development of the guilty plea system in our country has not been long,and the procuratorial organs lack experience.On the other hand,procuratorial organs facechallenges in energy,professional ability,and psychology.3.Sentencing imbalance between the prosecution and the defense during the sentencing negotiation process.Consultation imbalances,on the one hand,the defense cannot actively defend against the facts held by the procuratorial organ to protect the interests of criminal suspects to the greatest extent,on the other hand,it will also seriously affect the accuracy of sentencing recommendations.4.The sentencing recommendations lack supervision.The last part puts forward the ideas and ideas for perfecting the precision of sentencing in response to the above problems and their reasons.Through the guidance of the macroscopic sentencing concept,the physical unified sentencing guidance document to standardize,and the intelligent assistance of the big data platform,training and learning,etc.,multiple measures have been taken to improve the level of precision in the sentencing recommendations of the procuratorial agency.
Keywords/Search Tags:Plea guilty and punished with leniency, sentencing recommendations, precision
PDF Full Text Request
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