Research On The Standardization Of Sentencing Proposals In The Case Of Plea For Leniency

The improvement of sentencing proposals is part of China’s sentencing standardization reform.Sentencing proposals were unilateral and general in the initial judicial practice,and were only used as a reference for the final judgment of the judicial organs.With the improvement of relevant systems,sentencing proposals have gradually developed into a negotiable and specific prosecutorial opinion.The attitude of the judicial organs towards the proposals has also changed.Thus it is essential to further standardize the sentencing proposals,which contribute to the operation of plea for leniency.At present,there are some problems,such as incomplete collection of information on sentencing proposals,lacking of normative guidance and voluntary guarantee for confession and punishment,not full expressing of the will of the accused,insufficient participation of on-duty lawyers,lacking of consultation on sentencing and supervision mechanism of sentencing proposals.The causes of these problems are multi-dimensional.Some are due to problems in the legislation itself,and some are caused by improper operation in judicial practice.The paper is divided into four parts: the first part takes the case of Yu Jinping’s traffic accident crime as the starting point,and then puts forward the subject of this article.The second part demonstrates the evolution of the sentencing proposal system and its application in plea cases,so as to deepen the understanding of the standardization of sentencing proposals.The third part starts with legal norms and judicial practice activities,and explores the problems existing in the legislation and practice of sentencing proposals,including substantive and procedural aspects.The last part focuses on existing problems,and proposes two targeted solutions of substantives and procedures,which specifically including refining sentencing proposals,just as building a mechanism for participating in sentencing consultation of on-duty lawyers;strengthening the consultation of tripartite sentencing;making up for the weak position of the accused.It is also suggested to improve the internal appraisal system of the procuratorial organs by formulating the standard of sentencing proposals,and construct the supporting mechanism and the sentencing reasoning mechanism for the court to examine the "voluntary" nature of the plea for leniency.