A Study On The Sentencing Recommendation System In The Leniency Procedure For Admitting Guilt And Accepting Punishment

Taking the establishment of the leniency procedure for pleading guilty and punishment as a node,the sentencing recommendations are roughly divided into the sentencing recommendations for pleading guilty and punishment cases and the non-confessing punishment cases.problem.Sentencing recommendations are too wide,say that the reason is not strong and the sentencing standards are not unified,resulting in irregular forms;the criminal suspects and the defendants have unequal consultation status in sentencing,lack of substantive and effective participation of the duty lawyer,and do not specify the defendant 's remorse Whether the organ has the right to protest,resulting in imperfect procedures for sentencing recommendations.By comparing the provisions of extraterritorial legislation on sentencing recommendations,China should improve it in terms of norms,mechanisms and supervision procedures.In terms of norms,the "confess punishment and lenient punishment" should be established as an independent sentencing scenario in the criminal law,and the two sides should formulate comprehensive and unified sentencing guidelines.In terms of mechanism,the substantive role of duty lawyers in sentencing recommendations should be strengthened,the evidence discovery mechanism at the forming stage of sentencing recommendations should be explored,the accuracy of sentencing recommendations should be improved with the help of intelligent data systems,the reasoning mechanism for sentencing recommendations should be standardized,and the sentencing recommendation adjustment mechanism should be improved.Affirm the procuratorial organ's right to protest against the defendant's first-instance appeal and impose certain restrictions.In the supervision procedure,the power of supervision is guaranteed at both the internal and external levels,and an internal evaluation mechanism for sentencing recommendations is established to ensure the victim's external supervision power over sentencing recommendations.