Research On Sentencing Recommendations In The Cases Of Admission Of Guilty And Acceptance Of Punishment

As an important innovation in the reform of China’s criminal justice system,the leniency system of admission of guilty and acceptance of punishment plays a positive role in improving judicial efficiency and optimizing the allocation of judicial resources.However,like any new system,there are some disputes in the implementation of the system.Among them,the sentencing suggestion is the core issue in the leniency system of confession and punishment.It is also a controversial and controversial issue in theory and practice.From the perspective of this problem,on the basis of clarifying the relevant basic theories,this paper analyzes and reflects on the problems in practice,and puts forward relevant suggestions,in order to be beneficial to improve the system.Specifically,this paper is divided into four parts:The first part mainly discusses the basic theory of sentencing recommendations in plea cases,including its connotation,power attributes and basic characteristics,showing the difference between sentencing recommendations in non plea cases,and expounds the significance of perfecting sentencing recommendations in plea cases,so as to lay the foundation for the later discussion.The second part discusses the main problems existing in the practice of sentencing suggestions in the case of guilty plea and punishment,and analyzes the reasons.First,the accuracy of sentencing recommendations needs to be improved.On the one hand,there is a contradiction between the high requirements for sentencing recommendations in plea cases and the lack of sentencing experience of prosecutors.On the other hand,the relevant provisions guiding sentencing are not operable.Second,the prosecution and defense lack equal status in the process of sentencing negotiation.The procuratorial organ is in a natural strong position,and its supervision and restriction mechanism is not perfect,while the accused can obtain limited legal help,and the sentencing consultation procedure is not standardized.Third,there is a conflict between the sentencing suggestion power of the procuratorate and the sentencing power of the court.Under the background of the leniency system of guilty plea and punishment,the accuracy of sentencing suggestions is an inevitable trend,but the overly specific sentencing suggestions greatly compress the space of judges’ discretion,which many judges believe is an infringement of judicial power.Due to the differences in sentencing level and subjective understanding,judges and prosecutors sometimes have differences on sentencing,but even if there are differences,the judge cannot make a judgment directly,but has to wait for the prosecutor to adjust.The third part compares the extraterritorial criminal consultation system with the lenient system of confession and punishment in China,trying to get inspiration from it.This paper selects the representatives of common law system and civil law system,namely American plea bargaining system and German criminal negotiation system.Through comparative research,it can be found that there are differences between China’s confession and punishment system and extraterritorial system in many aspects,such as the content of negotiation,the subject of negotiation,the discretion of prosecutors and judicial ideas.We should treat it rationally and should not copy foreign systems.But at the same time,we should also see that there is still something worth learning from the extraterritorial system,such as strengthening the protection of the rights of the defendant,establishing the substantive review procedure of the court and refining the sentencing rules of plea and punishment cases.The fourth part puts forward the idea of improving the sentencing suggestions of guilty plea and punishment cases.Improving the sentencing suggestion system should not only rely on the strength of the procuratorial organ itself,but should take multiple measures at the same time: on the one hand,it is to enhance the operability of sentencing guidance,make more detailed provisions on how to be lenient and expand the scope of crimes covered.On the other hand,the prosecution,defense and trial parties need to make efforts,especially the procuratorial organs should improve their ability to perform their duties through various ways,standardize the sentencing consultation procedures,strengthen the protection of the rights of the accused,and further improve the accuracy of sentencing suggestions with the help of intelligent sentencing auxiliary tools;The court should strengthen the substantive review of sentencing suggestions and improve the reasoning mechanism of not adopting sentencing suggestions;Defense lawyers should enhance their enthusiasm to participate in cases of guilty plea and punishment,put forward persuasive defense opinions,and give full play to the role of duty lawyers for suspect and defendants who have not entrusted defense lawyers.