Research On The Precision Of Sentencing Recommendation In The Case With The Accused Pleading Guilty And Accepting Punishment

Since the revision of my country’s Criminal Procedure Law,the sentencing recommendations in judicial practice have been different from before.However,the essence of the sentencing recommendation in plead guilty and lenient cases has not changed,and it is still the right to seek punishment.It is only that the sentencing recommendation has become the legal function that the procuratorial organ should undertake in the process of confessing guilt and accepting punishment,reflecting the agreement between the prosecution and the defense on the sentencing issue,and the law also endows it with the corresponding judicial binding force.With the implementation of the system,the trend of precise sentencing advice has become more and more obvious,which shows us the many benefits of precise sentencing advice,which can not only enhance the predictability of court decisions,but also help criminal suspects to weigh the pros and cons and plead guilty as soon as possible.,and to a certain extent,it can check each other between the case-handling agencies to ensure fairness and justice.However,in practice,the precise process of sentencing recommendations is not smooth.Through the analysis of the current practice of sentencing recommendations in our country,problems such as unclear sentencing guidance standards,poor communication between judicial inspections,the quality of sentencing recommendations need to be improved,and imperfect supervision and restriction measures frequently appear,which makes the precise sentencing recommendations.The process is in trouble,and if it cannot be effectively resolved,it will hinder the advancement of the leniency system for confession and punishment,and affect its effectiveness.Therefore,this paper puts forward the following suggestions on this basis and combined with the relevant institutional experience outside the region.First,by establishing a pre-trial communication mechanism to enhance the consensus among the judicial prosecutors;second,the public security,procuratorial,and law enforcement drivers should jointly formulate clear and unified sentencing guidelines;third,take various measures to improve the quality of sentencing recommendations;fourth,The power operation of the procuratorial organs can be supervised from the aspects of improving the internal and external supervision of sentencing recommendations,strengthening the procuratorial organs’ reasoning for sentencing recommendations,and the appropriate participation of victims.