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

Posted on:2022-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:R H WuFull Text:PDF
GTID:2516306497981129Subject:Criminal Procedure Law
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The establishment of the leniency system for confessing guilt and punishing has enriched the implications of sentencing recommendations by procuratorial organs.Its biggest highlight is that it has changed the mechanism of sentencing recommendations to condense the consensus of the prosecution and defense,which is different from the sentencing recommendations in non-guilty plea cases.In this way,the key position of sentencing recommendations in the system of plea guilty and punished leniency has been highlighted.The ultimate goal of the procuratorial agency's sentencing recommendations is to achieve “leniency in sentencing”,and the result pursued by the system of pleasing guilty and punishing leniency is also“leniency punishment”.Therefore,whether the leniency system can be effectively implemented depends on whether the prosecutors can make effective sentencing recommendations.Therefore,while ensuring both judicial fairness and efficiency,how to accurately put forward high-quality sentencing recommendations by procuratorial agencies has become the focus of theoretical and practical research.This article is based on this,using the methods of normative analysis and empirical analysis to conduct an in-depth study on the sentencing recommendations of the procuratorial organs.The first part of this article summarizes the sentencing recommendations from three aspects: the development of the sentencing recommendation system,the value of sentencing recommendations in the system of plea guilty and punishing leniency,and the context of legislation.The second part analyzes the dispute over the mode of sentencing suggestion through the actual situation of practice.Practice has proved that it is of great significance to promote the precision reform of sentencing recommendations,but it is faced with the obstacles of insufficient cooperative judicial concept,low development level of multi-level litigation system,and strained communication relationship between prosecuting and trial agencies.In this regard,enhancing the cooperative judicial concept and establishing a sentencing consultation mechanism;improving the procedural diversion mechanism to promote the transformation of the public prosecution model;strengthening communication and realizing the benign interaction between the power of public prosecution and the judicial power are the basic ways to promote the precision of sentencing recommendations.The third part uses cases to interpret Article201 of the Criminal Procedure Law,and then analyzes the reasons for the conflict in the effectiveness of sentencing recommendations from the prosecution and the law's discomfort to the role change and the omission of the department's supporting reform measures.Changing judicial concepts and strengthening communication are the best ways to resolve conflicts in the effectiveness of sentencing recommendations.The fourth part explains the important role of the duty lawyer system in ensuring the quality of sentencing recommendations.Through empirical research,it is found that the duty lawyers' participation in sentencing consultations is obviously insufficient in practice.In order to promote the effective participation of on-duty lawyers in sentencing consultations,both the procuratorial organ and on-duty lawyers should actively change their role concepts and jointly create a good negotiation atmosphere.
Keywords/Search Tags:sentencing recommendations, precision, effectiveness, sentencing negotiation, duty Lawyer
PDF Full Text Request
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