Research On Sentencing Recommendations Of The Procuratorate Under The Perspective Of The System Of Confession Of Guilt And Lenienc

With the development of China’s social economy,the deepening of the reform,the society has entered the transition period,contradictions and disputes increased,criminal cases also increased.The contradiction of more cases and fewer people is prominent,but the penalty is lighter.In order to solve the contradiction between a large number of criminal cases and limited judicial resources,China has adopted a major judicial reform in criminal proceedings by drawing lessons from foreign judicial experience,that is,to establish a leniency system of guilty plea.Pleaded guilty to forfeit their light system is a very typical on the basis of the procuratorial organ to perform the leading responsibility lawsuit system design,this is because the greater confessed forfeit their system is essentially a defendant,consultation system,which determine the procuratorial organs in applicable pleaded guilty to forfeit from system should play a leading role,and sentencing proposal is the direct carrier of the procuratorial organ to play a leading role.There is a great controversy in the academic circles about whether the sentencing recommendations in the case of guilty plea should adopt the range of sentencing or the determination of sentencing.Many scholars believe that the overly accurate sentencing recommendations will infringe the court’s sentencing power and cause the debate on sentencing power between legal prosecutors.Through the empirical analysis of the sentencing proposals put forward by the three grass-roots procuratorial organs in different regions and the court’s adoption of the situation,the author shows that there is no fierce judicial power dispute between the grass-roots procuratorial organs caused by the accurate sentencing proposals that scholars fear or expect.One is based on the large number of cases in grassroots courts,judges are under great pressure,and the conflict between many and few cases is sharp.The leniency system of guilty plea requires the procuratorial organ to put forward certain sentencing suggestions,which in essence transfers part of the pressure of handling cases to the prosecutor.Second,due to the long-term judicial tradition in China,the district and method prosecutors attach more importance to cooperation based on acquaintances and face.Prosecutors will communicate with the judge in advance before putting forward sentencing suggestions,and the judge will generally adopt sentencing suggestions that are not obviously inappropriate.In addition,through empirical analysis,the author also found that some other problems exist in the process of sentencing recommendations by the procuratorial organ,such as the scope of applicable charges is too narrow,the scope of sentencing recommendations is not uniform;Sentencing recommendations lack the effective involvement of lawyers;The sentencing proposal is easily restricted by the consciousness of collecting evidence of the investigation organ,which affects the prescription of the procuratorial organ to deal with the case of guilty plea,and further results in the few application of the quick-judgment procedure.Courts and procuratorates may differ on the recognition criteria of "obviously inappropriate" sentencing recommendations.After a large number of literature review,coupled with the author in the prosecutorial handling of the front-line work,the author combined with their own experience in dealing with the sentencing of guilty plea cases,put forward some suggestions to improve the above problems.For example,the senior prosecutors should further expand the sentencing rules of criminal charges and unify the recommended range of sentencing;Increase the participation of on-duty lawyers in the formation of sentencing recommendations for guilty plea cases;Give full play to the advantages of arrest and prosecution,closely cooperate with investigation and prosecution,strengthen the accuracy and timeliness of sentencing proposals,and lay a good foundation for the application of rapid adjudication procedures in the review and prosecution stage.Establish an effective communication mechanism to coordinate the differences between courts and procuratorates on the recognition standards of "obviously inappropriate" sentencing recommendations.