Research On Sentencing Issues Under The Leniency System For Plea Guilty And Punishing

The lenient system of guilty admission and punishment acceptance is one of the significant criminal judicial reform systems.It can simplify the litigation procedure,and divide the criminal cases appropriately.It is effective in saving judicial resources and improving efficiency.Sentencing is the main respect in the entity of this procedure.According to the system design,the sentencing judgments are based on the sentencing suggestions of the pleading guilty cases,the two are closely related.But,in the current judicial practice,the urgent problems in the pleading guilty cases are sentencing irregularities.This article will be written from the perspective of the sentencing of pleading guilty cases,and analyze the concept and connotation of the lenient system of guilty admission and punishment acceptance through theoretical research,data analysis and comparative research methods,summarize the problems and causes in judicial practice of the system,then put forward solutions.Hope to provide reference for the standardized development of sentencing in the pleading guilty cases.This article is divided into five parts.The first part is a basic overview of the lenient system of guilty admission and punishment acceptance.The theoretical basis of plead guilty to a lenient sentence will be explained from the perspective of nomology.The relevant concepts and connotation of the system will be defined and explained.The second part is an investigation report on the sentencing situation of this system in practice.One is the application profile throughout the country,the other is the application situation in the investigate region.Summarize the sentencing problems in practice through this report.The third part is to analyze the causes of these problems.There are three factors: the first is the legislation is not perfect;the second is the degree of standardization of sentencing is not sufficient;the third is the imbalance of litigation structure and power allocation.The fourth part is to inspect the external systems of guilty admission and punishment acceptance.Analyze the legislation and practice of the Anglo-American law system and the continental law system,to enlighten and perfect the interior system and sentencing standard.The fifth part is the suggestions and expectations of the standardization of sentencing in the system of guilty admission and punishment acceptance.Firstly,the general provisions of criminal law should clarify the legal status and applicable rules of “plead guilty to a lenient sentence”;secondly,develop leniency guidelines of plead guilty to a lenient sentence,uniform sentencing standards,use big data and artificial intelligence as a sentencing assistance system;the last,further standardize the judicial practice of guilty plea,make sentencing more predictable and persuasive.