Research On Sentencing Recommendations In Plea Guilty Plea Cases

The comprehensive application of the system of leniency for guilty plea is of great benefit to the separation of complicated and simple criminal cases,and also plays an important role in effectively saving judicial costs,optimizing the allocation of judicial resources,and giving consideration to judicial fairness and efficiency.The Criminal Procedure Law defines the right of sentencing suggestion proposed by prosecutors as an entity power that can influence the judge's sentencing trial and has a certain pre-determination,which is a breakthrough in legislative technology.At present,the research results of the system of leniency for guilty plea mainly focus on the value and the comprehensive construction of the system.Although the system has achieved remarkable results in the trial,there are still some problems.For example,in the current system,the accuracy of sentencing recommendations and adoption rates conflict;The contradiction between the procurator's sentencing suggestion power and the judge's independent judgment power;The effectiveness of sentencing recommendations;How lawyers can effectively participate in sentencing negotiations.In the system of leniency of guilty plea,the process from the proposal of sentencing advice to the adoption is in the middle area of the whole system operation.Its smooth operation is not only related to whether the case of leniency of guilty plea can be properly handled,but also related to the protection of the legal rights and interests of the accused.Therefore,this paper based on the sentencing advice system,through theoretical research and empirical case analysis,put forward the sentencing advice standardization path,the purpose is to solve the focus of the judicial practice.The procuratorial organ is the only legal subject that puts forward the sentencing suggestion and dominates the operation of the procedure of the case of guilty plea.The author believes that the accuracy of sentencing suggestions can be improved by formulating unified and specific working standards to regulate the exercise of procuratorial organs' power.Through strengthening the communication with the lawyer in the process of plea negotiation,the criminal suspect can be ensured to plead guilty rationally and voluntarily.In addition,the court has independent jurisdiction and conviction and sentencing power to determine whether the sentencing recommendation is a case of apparent inappropriateness under the law.The establishment of the principle that the court adopts the sentencing suggestion and the standardization of the reasoning mechanism that the court does not adopt the sentencing suggestion can effectively reduce the unnecessary protest or appeal.Through the study of the existing problems of the sentencing suggestion system,and put forward specific and standardized measures,the hope is to help promote the implementation of the system of leniency of punishment for guilty pleas,and to provide help for the construction of the public consultative judicial model in China.