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Research On The Issue Of Accurate Sentencing Recommendations For Procuratorial Organs In Plea Guilty And Punishment Cases

Posted on:2022-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
In order to achieve the purpose of setting up a leniency system for confessing guilt and punishing,the prosecution and the defense have introduced the sentencing negotiation procedure.The introduction of the sentencing negotiation procedure makes the sentencing recommendations made by the procuratorial agency differ from the sentencing recommendations made by the procuratorial agency in general cases.The difference is mainly manifested in that the prosecution and defense are equal in the sentencing negotiation.After repeated consultations between the two parties,the consensus sentencing recommendation is reached,which reflects the common will of the prosecution and defense.Therefore,the sentencing recommendations put forward by the procuratorial organs have become the core of the system of plea guilty and punished leniency.Whether it can be accurately proposed and recognized by the court is related to the specific implementation of the system.Therefore,under the premise of ensuring judicial justice,how the procuratorial organs accurately and efficiently put forward sentencing recommendations in confession and punishment cases has become the focus of research by experts and scholars.Procuratorate ' s precise sentencing recommendation means that when procuratorial organs deal with criminal cases that plead guilty and punished,they should make definite sentencing recommendations,but when encountering new types,uncommon or complicated sentencing cases,they can include the range in sentencing recommendations.Relatively small sentencing recommendations.In cases of confessing guilt and punishing,it mainly studies and analyzes the current problems in the precise sentencing recommendations put forward by the procuratorial organs,and found that there are mainly the following problems: First,there is a lack of unified relevant sentencing standards for sentencing recommendations Second,there is a lack of complete and effective internal review and external supervision mechanisms for precise sentencing recommendations;the prosecution and the defendant have unequal status in the sentencing negotiation process,resulting in insufficient negotiation during the sentencing process.Cannot truly express the prosecution ' s sentencing wishes;the accuracy of the sentencing recommendations does not meet the required requirements;the court's acceptance rate of sentencing recommendations is not high.In order to better recommend precise sentencing in guilty pleas and punishment cases,the procuratorial organs can study similar systems in the United States and Germany,and absorb their useful experience for my country to learn from,so that my country ' s precise sentencing recommendations are more scientific and reasonable..In order to deal with the series of problems faced by accurate sentencing recommendations in cases of confession and punishment,it is urgent to improve relevant laws and regulations,formulate a unified,reasonable and complete sentencing rule,and clarify the procuratorial organs 'operating procedures and certification standards for precise sentencing recommendations.;Adopt a combination of internal supervision and external supervision to improve the supervision system of precise sentencing recommendations;implement full negotiation between the prosecution and the defense in the sentencing procedures to achieve the fairness of precise sentencing recommendations;improve the accuracy of sentencing recommendations;improve the court ' s accuracy The acceptance rate of sentencing recommendations.
Keywords/Search Tags:Guilty plea, Suggestions on accurate sentencing of procuratorial organs, Sentencing consultation procedure
PDF Full Text Request
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