On The Obstacles And Countermeasures Of Accuracy Of Sentence Proposals In Agreement Of Guilty And Punishment In China

With the development of relevant normative documents and judicial practice,sentencing recommendations are becoming increasingly precise.Precise sentencing recommendations,especially for simple and slight common crime cases,can ensure the stability of Guilty plea And the complementary system of leniency and strictness,so as to realize the rational allocation of judicial resources and strengthen the effectiveness of judicial supervision the cooperation between Court and Procuraturate to promote judicial justice,Comprehensively improve the basic professional quality of procuratorial and case handling personnel positive effects.However,due to the excessively wide application scope of the determination of sentencing recommendations,the precision of sentencing recommendations has resulted in the improper interference of the procuratorial In the progressive development of judicial power the formalization of court trials due to excessive precision,the waste of resources due to violation of the law of litigation,and the weakening of the status of the defendant,etc.risk.How to improve the precision of sentencing recommendations has also become a problem that should be deeply studied in both theory and practice.This paper aims at the actual operation status of psychometric measurement at home and abroad sentencing recommendations,summarizes the positive points and existing problems of the current system of the precision of multi-level sentencing recommendations,supplemented by supporting perfect measures.This paper makes an in-depth study on the more reasonable and accurate problems and solutions in putting forward specific sentencing suggestions in the case of guilty plea and punishment.The main contents are as follows: firstly,it briefly expounds the significance of guilty plea and punishment,the research historical frontier,the ideas of system development and the research status of China and the West;secondly,explains the conceptual definitions of precise sentencing recommendations in detail,sentencing recommendation system from front to back,explores the external environment and judicial contradictions of precise sentencing recommendation,and facilitates the specific analysis of its risks and value below,and at the same time,the precise definition and value of the confession and sentencing recommendations are introduced;thirdly,analyze the current implementation of precise sentencing recommendations in cases,and elaborate on the development route of precise sentencing recommendations and valuable measures in various regions of China;then,summarize the problems faced by the precision of Suggestions on sentencing of guilty plea and punishment in judicial practicecases.Mainly including: the content is not generally recognized,the supervision and restraint system has not been implemented,the procuratorial organs cannot reasonably use the precise sentencing recommendations,and there is a lack of a unified and clear set of leniency standards for leniency for guilty plea;Last,a series of countermeasures have been formulated for the above-mentioned problems,mainly including: establishing and improving the leniency standard for plea guilty and accepting punishment,forming a perfect negotiation mechanism for prosecution,defense and sentencing,requiring procuratorial organs to take the initiative to propose precise sentencing recommendations,etc.Only when the procuratorial organs can put forward precise and standardized sentencing suggestions,can we ensure that the leniency of guilty plea system maintains a stable and healthy development.Compared with some countries such as Europe and the United States,China began to implement the sentencing procedure very late,and faced a series of obstacles in the process of implementing the accuracy of the sentencing suggestions.Therefore,the exploration of this practical problem has a certain theoretical value and practical reference.Exploring this problem has both practical significance and theoretical value.