Research On Sentencing Suggestion In The System Of Leniency Of Guilty Plea

In 2018,the leniency system of guilty plea was formally written into the Criminal Procedure Law,which is the forefront of criminal justice reform.The establishment of lenient system of guilty plea and punishment is in line with the policy of procedure diversion,court hearing substance and "trial as the center".The most important value goal of the lenient system of guilty plea and punishment is to realize the separation of complexity and simplicity,and to solve the judicial practice problem of "fewer cases with more people".The original intention of the system is not to sacrifice fairness and justice at the cost,so as to achieve both efficiency and fairness.However,the leniency system of guilty plea has brought many theoretical and practical problems from its appearance to its establishment,among which the most worthy of our consideration is the problem related to the sentencing suggestion.The issue of sentencing suggestion is the core issue in the leniency system of guilty plea,which is led by the procuratorial organ,involves conviction and sentencing,and has a great impact on the accused.In the current social judicial practice,the Supreme People’s Procuratorate actively advocates the adoption of the model of determining the punishment and sentencing suggestions,and the procuratorial organs have also produced evaluation requirements.However,there are many disputes on the application of accurate sentencing suggestions.For example,whether accurate sentencing suggestions infringe and weaken the judicial power,which leads to the actual judicial trial advance and different understanding of the general adoption of clauses,etc.In the process of adopting opinions,the court will produce the situation of conflict between the legal prosecution and the judicial power and the sentencing suggestions.However,the unequal negotiating status of prosecution and defense and the asymmetry of information easily lead to the passive position of the accused,and the risk of damaging their due rights by failing to negotiate equally and being forced to confess.The "obviously improper" of the relevant legal provisions of the unclear and lack of substantive law support,duty lawyer failed to play a due role in the system,is also the problem in the development of the system of leniency in guilty plea,the consequences of the "obviously improper" unclear is the opinion between the law and prosecution,disagreement;The duty lawyer’s lack of effective legal help makes the accused lack of the right of discourse and strength to negotiate with the defense.By analyzing the development status and problems in the development process of the suggestion of leniency in guilty plea,and studying the positioning of procurator and judge and their functions in the system of plea bargaining and criminal negotiation,we can provide experience in the relationship between the legal and procuratorial systems of guilty plea leniency.By improving the quality of sentencing suggestions and maintaining modesty in the process of making sentencing suggestions,the scope of interpretation of "generally should adopt clauses" is limited,the sentencing suggestions are obviously inappropriate to carry out strict examination and increase the court’s reasoning obligation,so as to resolve the conflicts and contradictions of the legal prosecution;To ensure the duty lawyer’s right to meet,the right to review papers and material rights and interests,improve the effectiveness of the duty lawyer’s help,reform the evidence discovery system and so on,so that the accused can get sufficient legal help,reduce the situation of information inequality between the prosecution and the defense,so that the system of leniency in guilty plea can achieve efficiency,human rights protection and fairness.