Study On Sentencing Suggestion In Guilty Plea Case

In recent years,the system of leniency for guilty plea is an indispensable part of our criminal justice reform.The establishment of the system effectively improves judicial efficiency and helps the judicial organs to implement the criminal policy of tempering justice with mercy.In the case of guilty plea,the suggestion of sentencing is directly related to the entity rights and interests of the person prosecuted.How to give lenient punishment and the range of lenient punishment are reflected in the suggestion of sentencing.The first part of this paper focuses on the theoretical basis of sentencing suggestions in the case of guilty plea.The sentencing suggestion power belongs to the lower power of the prosecution power.The sentencing suggestion in the case of guilty plea is formed based on the agreement of both the prosecution and the defense,and has a rigid binding force on the court,giving the sentencing suggestion the legal judicial effect.At the same time,the suggestion of sentencing in the case of guilty plea has the functional value of improving the efficiency of litigation and ensuring the fairness and justice in the process of litigation.The second part of this paper collates and analyzes the relevant data of the leniency system of guilty plea in recent years.By analyzing the application rate of the leniency system of guilty plea,the sentencing rate of the first instance,and the proportion and adoption rate of suggestions on the determination of punishment,it can be seen that the application rate of the system and the adoption rate of suggestions on the determination of punishment are constantly improving.It reflects that the lenient system of guilty plea is helpful to alleviate social contradictions and improve judicial efficiency.However,it also highlights the problem that the adoption rate of sentencing suggestions is falsely high,which is not conducive to promoting the accuracy of sentencing suggestions.The third part of this paper lists the problems existing in the sentencing suggestions in the case of guilty plea,and elaborates from the negotiation and precision of the sentencing suggestions.In terms of negotiation issues,there is a lack of supporting sentencing negotiation procedures,and the negotiation status of the two sides is not equal.In terms of precision,there are some problems,such as the conflict of sentencing power between the prosecution department,the level of sentencing of the prosecution organ to be improved and the insufficient role of duty lawyer.The fourth part of this paper puts forward some measures to improve the problems raised in the previous chapter.In the negotiation of sentencing suggestions,the sentencing negotiation procedure should be standardized and improved,and the defendant should be endowed with the right to review papers,as well as the compulsory defense system,so as to ensure the equal status of both sides to the maximum extent.On the issue of precision,consultation and communication between legal prosecutors should be strengthened,accurate sentencing guidelines should be formulated,sentencing level of prosecutors should be improved and duty lawyers’ participation and material rights and interests should be protected.