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

Posted on:2022-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:S H MaFull Text:PDF
GTID:2516306614462624Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
In the leniency system for admitting guilt and accepting punishment,the right to recommend sentencing is the most core component.However,in the process of gradually promoting the precision of sentencing recommendations based on this system,the situation of inconsistent sentencing guidelines and standards and unclear definitions of legal provisions needs to be solved urgently,and the problems of insufficient sentencing ability of prosecutors and formalization of court trials also occur from time to time.,the lack of the court's reasoning mechanism and the inadequate supervision of sentencing recommendations have attracted great attention from the legal theoretical circle and the judicial practice circle.By comparing and analyzing the provisions and procedures of sentencing recommendations in foreign countries in the two legal systems,a plan is put forward for the further refinement of sentencing recommendations in my country.At the legislative level,the formulation of unified guidance and the improvement of relevant laws and regulations are two-pronged.At the judicial level,while improving the level of accurate sentencing by prosecutors and promoting the substantiation of judicial review,certain supporting systems should be supplemented,such as the reasoning mechanism for judges not adopting suggestions,and sentencing supervision mechanism.
Keywords/Search Tags:Plead guilty, Sentencing advice, Precision, Sentencing negotiation
PDF Full Text Request
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