Research On The Sentencing Suggestions Of The Leniency System Of Guilty Plea

The sentencing suggestion in the guilty plea punishment is the sentencing suggestion that the procuratorate put forward and has a rigid binding force on the court.Compared with the new situation,the sentencing suggestion,the procuratorate makes the sentencing suggestion,the sentencing suggestion,the approval of the court under certain conditions;and the adjustment and supervision of the sentencing suggestion.The sentencing negotiation in the guilty plea does not change the nature of the right of the sentencing proposal,but updates the power content of the right of sentencing proposal,which not only includes the right of conviction and sentencing request,but also includes the agreement that the prosecution agreed with the prosecution in the exercise of the right of prosecution.The sentencing proposal in guilty plea conforms to the theory of criminal procedure efficiency,equity of criminal procedure and structure of criminal procedure.The empirical investigation shows that the sentencing recommendations of C city and D district prosecutors have achieved remarkable results.The application rate of C city is relatively high,and the average application rate of guilty plea punishment procedure is86.99%.The proposal and adoption of punishment was considerable.Under the case that the rate of punishment accounted for 93.69%,the rate reached 97.09%.C City The basis and steps of sentencing suggestions have been continuously improved,and relevant documents have been formulated to guide the progress of sentencing suggestions.The relevant procedure and mechanism of sentencing suggestions put forward by the municipal procuratorial organs are continuously refined: the intelligent auxiliary system of sentencing suggestions is vigorously promoted throughout the city 2.0,Assist prosecutors to carry out sentencing recommendations;The average monthly participation rate of defense lawyers or duty lawyers reached 98.39 %,More than half of the procuratorates have achieved the participation rate of 100% of the nursing lawyers or duty lawyers;Increased additional submission rates for sentencing proposals,Sentencing reasoning gets attention;The assessment indicators of the quality and procedures of sentencing recommendations are set more strictly,Give full play to the effect of internal supervision.Sentencing suggestion practice also presents some problems in each link.In terms of sentencing quality,the lack of fine sentencing guidance makes it difficult to guarantee the legality of the sentencing basis.The connection fault between the composition of criminal law and the procedure law may lead prosecutors to reduce the proof standards in the process of proposing sentencing suggestions,and the danger of ignoring the sentencing law for the high requirements of determining accurate sentencing.In the procedure of the sentencing proposal,the prosecuted party occupies a passive position in the sentencing negotiation procedure and the formal participation mode of the duty lawyer seriously affects the effectiveness of the protection of the right of action.The reasoning of sentencing proposal lacks strict norms,the separate additional submission requirement of sentencing proposal is a mere formality,and the adjustment procedure of sentencing proposal does not form a unified standard generally applicable throughout the country.On the conflict of the right of sentencing suggestion and the right of sentencing verdict,the failure to clearly stipulate the situation that the court does not adopt the sentencing proposal,which leads to the difference of understanding of the effectiveness of the sentencing proposal.In addition,there are also problems such as business evaluation setting paying too much attention to increase the burden of prosecutors’ handling cases and the application of intelligent auxiliary system for sentencing suggestions.In view of the problems in practice,it can be improved from the following aspects: first,to improve the quality of accurate sentencing.Expand the types of common charges,improve the quality of sentencing suggestions at the source;explore the unification of the precision and diversity of sentencing suggestions,establish diversified accurate sentencing suggestions;improve the cohesion of class crime system and practice,and clarify the relationship between confession and other lenient circumstances.Second,we will improve the procedural mechanism of sentencing recommendations.Attach importance to the effectiveness of the design of the litigation right protection system,give "consultation" legitimacy,strengthen the voluntary authenticity review guarantee mechanism,clarify the legal positioning and authority of the duty lawyer;formulate a unified sentencing proposal template to promote the standardization of sentencing reasoning;refine the application scope,standard,time and authority of the sentencing proposal adjustment situation.The third is to construct the benign interaction relationship between sentencing suggestion and sentencing ruling.We should clarify the adoption of sentencing suggestions,coordinate the objections of the prosecution and defense,improve the sentencing adoption rationality and the openness of sentencing communication;judicial power and discretion of the procuratorial organ,and promote the linkage and coordination of the prosecution and the law.Fourth,improve the business evaluation mechanism and sentencing recommendations intelligent auxiliary system.Pay attention to the purpose of business assessment should focus on promoting the independent and impartial justice of procuratorial organs,ensuring the openness of the construction of intelligent inspection,improving the sentencing function,conviction and sentencing function,case retrieval reference function,sentencing risk assessment review function,and judicial data sharing and opening function.