Precise Research On Sentencing Suggestion In Cases Of Pleading Guilty And Accepting Punishments

Under the influence of the concept of cooperative justice,the sentencing suggestion is given a new connotation and functional orientation in the cases of pleading guilty and accepting punishment,which has become the key to realize the preset value of the system of leniency for pleading guilty and accepting punishments.Its operation mode in judicial practice determines the overall state of the system.In recent years,driven by the Supreme People’s Procuratorate,sentencing suggestions have shown a trend of continuous precision,in which the emphasis on equal consultation of defense and the leading responsibility of the procuratorate has led to great changes in the structural principles of separation of prosecution and trial and neutrality of judgment in traditional criminal justice.Prosecutors show a strong dominant trend in the examination,prosecution and trial stage in cases of pleading guilty and accepting punishment,which collides with the defense and judges in litigation functions and litigation ideas,and impacts the basic structure of criminal procedure in our country.In terms of litigation structure,there are risks and problems such as the continuous imbalance between prosecution and defense,unfair sentencing and intensified conflict between procuratorate and court,which may even reshape the traditional pattern of sentencing discretion distribution and challenge the judge’s final discretion status.In this regard,this article takes the litigation structure in the case of pleading guilty and accepting punishments as the starting point,deeply examines the causes of the above problems,and suggests to improve the system design and improve the quality and efficiency of sentencing suggestions.Expand the applicable scope of extent for discretionary action of sentencing on sentencing suggestions and limit the interpretation of the "It shall be adopted generally" clause to control the conflict between procuratorate and court.Strengthen the interactive communication mechanism between procuratorate and court,reshape the benign relationship between procuratorate and court,and respond to appeals for the interests of all parties.