| After the pilot exploration to fully open,can be used,confession of punishment leniency system has gradually become an important system in China’s criminal litigation activities,this is to implement the implementation of the criminal policy of tempering justice with mercy a system innovation.In the background,to forfeit their vest procuratorial organs with the reason for sentencing suggests,because the power can effectively regulate the penal discretion of the judge,to protect the litigation rights of people being prosecuted,and efficient to punish all kinds of crimes,optimizing the resources distribution of the judicial organs,improve criminal litigation case efficiency has very important significance.It is needless to say that the system of leniency of guilty plea is a new thing in the category of criminal procedure in Our country,in which the right of sentencing suggestion is widely exercised and operated,but also facing a number of problems to be solved urgently.This paper mainly tries to explore the actual situation of the procuratorial organ exercising the power of sentencing suggestion under the background of guilty plea,which includes the following five aspects.The first part analyzes the relevant concepts of sentencing suggestion power.Firstly,the concept of sentencing recommendation power is briefly described,and then the development process of sentencing recommendation power is described in detail.Finally,the attribute of sentencing recommendation power is clearly defined.The second part expounds the relevant content of the procuratorial organ’s sentencing suggestion power under the background of guilty plea.From four aspects of basic connotation,exercise mode,new form and functional value,this paper analyzes the operation of procuratorial organ’s sentencing suggestion power under the background of guilty plea and punishment.The third part sorts out the problems existing in the operation of the procuratorial organ’s sentencing suggestion power under the background of guilty plea.Through on the net "" China the written judgment,in different regions,different levels of courts in the country has carried on the summary written judgment,sorting,comparison,find out the four aspects of problems: insufficient mainly sentencing the prosecuting and defending parties in negotiation,lack of rationality of sentencing suggestion,inspection method between cohesive mechanism imperfect,the sentencing suggests operation supervision and remedy mechanism is not perfect.The fourth part puts forward the path of improving the procuratorial organ’s power of sentencing suggestion under the background of guilty plea.Mainly through perfecting the defendant sentencing negotiation mechanism,enhance sentencing recommendations of accurate standardization and optimization method for the absolute sentencing recommendations consultation mechanism,perfecting the supervision and remedy mechanism of four paths,the criminal suspect voluntary confession under the background of forfeit,unceasingly consummates our country procuratorial organs sentencing suggests exercise and operation mechanism,effective and standardized operation mode,make power rules-based. |
