Research On The Judicial Review Of Sentencing Suggestion In The Cases Of Admission Of Guilty And Acceptance Of Punishment

In recent years,there have been many changes in the neighborhood of my country’s criminal procedure law.The leniency system for admitting guilt and accepting punishment is an important issue in the reform of my country’s criminal procedure law.The contrast is a milestone in the construction of the rule of law in my country.This system has the advantages of saving litigation resources,improving litigation efficiency,and optimizing the allocation of judicial resources.From the formal incorporation of the system of admitting guilt and accepting punishment into the "Criminal Procedure Law" through the pilot work,to the "Guiding Opinions on the Application of the Lenient System for Pleas and Punishments" issued by the "two courts and three high schools",the system is being widely accepted by the public.However,the system of admitting guilt and accepting punishment has not been proposed for a long time in our country from being put forward to being piloted and then fully established.It only took a few years.Therefore,the system is not perfect,and there are still many problems that need to be discussed and studied.The judicial review of sentencing recommendations in plea cases is a key component of the leniency system for pleas and punishments,and the core element for the long-term operation of the leniency system.This paper analyzes the legal norms of judicial review of sentencing recommendations in the leniency system for confession and punishment,examines the judicial practice of court review,and reflects on the dilemma and deficiencies of judicial review of sentencing recommendations in my country,which can promote the good operation of the system of confession and punishment better development of the system.Judicial review of sentencing recommendations in plea cases is an important means of protecting the rights of defendants.Only by strengthening judicial review by courts can we balance the natural disadvantaged position of defendants,and curb judicial officers’ abuse of power to coerce and induce defendants to admit guilt and accept punishment.Effectively protect the voluntariness of the defendant’s confession.At the same time,judicial review of sentencing recommendations is also an inevitable requirement for the exercise of judicial power.It is an important way to establish equal participation of both the prosecution and the defense,and to ensure the transparency and openness of the sentencing recommendations adoption procedures.Finally,judicial review of sentencing recommendations is an important guarantee for the quality of plea cases.In my country’s judicial practice,due to the constraints of the performance appraisal mechanism such as the appeal rate and the protest rate,the out-of-court agreement of the judicial inspection organs,and the investigation-centric litigation structure,the judicial review of the sentencing recommendation in the plea case by the people’s court exists.Realistic dilemmas,such as the adoption and adjustment standards of sentencing recommendations are not clear,the participation of duty lawyers in the trial stage is not adequate,and the content of sentencing recommendations review is formalized,etc.Therefore,this paper will demonstrate from the perspective of the court’s review function in the leniency system of admitting guilt and accepting punishment,considering its practical dilemma in the field of criminal judicial practice,and making a comparative analysis with related legal systems outside the territory,from the perspective of clarifying the review standards of sentencing recommendations,improving the The duty lawyer’s participation in the trial stage and the improvement of the content of the judicial review of sentencing recommendations put forward construction suggestions,establish a judicial review mechanism for sentencing recommendations,and promote the long-term operation of the system of admitting guilt and accepting punishment.