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

With the development and complexity of the social environment,the incidence of criminal cases in our country is also increasing.Especially in the current environment,criminal cases are developing in a direction of diversification and new forms.In order to adapt to the current situation.In order to avoid the waste of judicial resources and relieve judicial pressure,the system of admitting guilt and accepting punishment has gradually entered the stage of my country’s judicial system and has been widely used in criminal cases.In 2018,this system entered the "Criminal Procedure Law"（hereinafter referred to as the "Criminal Procedure Law"）.It is precisely because of the emergence of the system of admitting guilt and accepting punishment,which further promotes the improvement of my country’s judicial system and plays a pivotal role.Under the framework of admitting guilt and accepting punishment,the sentencing recommendation is also particularly important,which directly affects the protection of the rights of the parties involved in the case and profoundly affects the orderly development of the case of admitting guilt and accepting punishment.As a result,issues related to sentencing recommendations in plea cases have always attracted much attention in the theoretical and practical circles,triggering intense discussions.At the same time,my country’s relevant laws and regulations have been refined and supplemented,but many of these problems still do not have a consistent answer,or have not been well resolved.In the process of writing this article,focusing on the core and key points of the leniency system for admitting guilt and accepting punishment,it analyzes the issues related to sentencing recommendations under this system,which are mainly divided into the following parts:The first chapter is the introduction,which summarizes and analyzes the background and significance of the sentencing recommendation under the leniency system for admitting guilt and punishing Sentencing recommendations under various extraterritorial systems were reviewed,and finally the literature review was given an overall evaluation.The second chapter summarizes the issues related to the sentencing recommendation under the leniency system of plead guilty and pleads guilty,sorts out the three stages of immersion,development and the new situation under the leniency system of plead guilty and pleaded punishment in my country.The particularity of sentencing recommendations under the system in terms of theoretical basis,value,and basic principles,and the precise development direction of sentencing recommendations under the system of admitting guilt and accepting punishment is discussed.The third chapter makes an in-depth analysis of the problems existing in the sentencing recommendations of the leniency system for leniency system of plead guilty and accepted punishment.It is found that there are insufficient consultations on sentencing recommendations under the leniency system of confession and punishment,there are contradictions between the prosecution and trial parties,the accuracy of sentencing recommendations needs to be improved urgently,and an adjustment mechanism for repentance imperfections,etc.The fourth chapter is the investigation and analysis of the sentencing recommendations under the relevant systems of other countries outside the region.Based on the analysis of my country’s specific development situation,it proposes a rational choice under the Chinese model.The fifth chapter is about the improvement of sentencing recommendations under the system of admitting guilt and accepting punishment.Specifically,it proposes to reconcile the conflicts of legal inspection and ensure the fairness and balance of sentencing recommendations;standardize the negotiation link to stimulate the vitality of sentencing recommendations;promote precise implementation to ensure the effective operation of sentencing recommendations;Sentencing standards,to ensure that pleasing guilty and accepting punishment are the same as the case;improving the procedure for estoppel,and safeguarding the value of the sentencing recommendation system and other specific measures.Throughout the whole article,the author firstly sorts out the historical development of sentencing recommendations in my country,the particularity of guilty pleas,and other general situations,and then not only analyzes the problems existing in the framework of confession and punishment,but also analyzes the impact of relevant extraterritorial systems on the situation.On this basis,it is hoped that the provisions on sentencing recommendations can inspire my country to make a guilty plea and a sentencing recommendation,and then put forward a series of specific improvement suggestions,such as standardizing the guidelines for sentencing reduction and reconciling legal inspection conflicts.Finally,the author believes that with the joint efforts of all parties,the development of sentencing recommendations under the system of admitting guilt and accepting punishment will be promoted to a greater extent.