The Exploration Of Relevant Problems On Sentencing Recommendation

The Sentencing Recommendation refers to the suggestion made by the procuratorial organ to the judicial organ on the type and content of penalty which should be applied to the criminal suspect when pros ecu ting.Sentencing recommendations in the penalty type and content of specific and clear known as the determination of sentencing recommendations,sentencing recommendations in the penalty type and content with a certain range or range known as the range of sentencing recommendations.According to the provisions of the Supreme People’s Procuratorate "The People’s Procuratorate handling Guilty plea Cases to carry out sentencing Suggestions" and the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of State Security,the Ministry of Justice "on the application of leniency system of Guilty plea punishment guidance" and other documents,In dealing with the case of guilty plea,the procuratorial organ should generally put forward the recommendation to determine the punishment.However,according to article 201 of the Criminal Procedure Law of the People’s Republic of China,the court shall generally adopt the recommendation of the procuratorate for sentencing in cases of guilty admission.Therefore,according to the provisions of the current law of Our country,in the case of guilty plea,the trial organ to the procuratorial organ put forward the recommendation of sentencing "generally should be adopted".However,this seems to be in conflict with the court’s independent exercise of jurisdiction,the stability of criminal procedure,the defender’s right to defend,and the defendant’s right to appeal.There are also many problems in the application of sentencing recommendations in judicial practice.In this paper,on the premise of the current criminal procedure law provisions,the procuratorial organs shall decide the punishment from the concept,nature,value of sentencing recommendations,analysis the procuratorial organs shall decide the punishment sentencing suggestion caused by conflict relationship theoretically and specific difficulties encountered in practice,Explore the reasonableness of the procuratorial organ to determine the sentencing proposal under the current provisions of our country,and finally point out the way to solve the current predicament of the procuratorial organ to determine the sentencing proposal.First of all,the procuratorial organ’s sentencing suggestion should be amplitude punishment rather than definite punishment,and increase the reasoning of sentencing suggestion;Secondly,make full use of big data,intelligent,scientific and technological means to enhance the accuracy of sentencing suggestions of procuratorial organs;Finally,the procuratorial organs and the judicial organs should communicate fully and jointly formulate sentencing recommendations and sentencing guidelines for guilty plea cases.