Research On The Precision Of Sentencing Recommendation Under The System Of Leniency For Pleading Guilty And Accepting Punishments

The pilot work of the system of leniency for guilty plea began in 2016,and it was not until the new revision of China’s criminal Procedure Law in 2018 that the pilot results were fixed at the institutional level.Based on the litigation reform concept centered on trial,the focus of the system of lenient punishment for confession is to realize the separation of complicated and simple cases,and the sentencing proposal must be the key to realize the efficiency requirement of this procedure.As the structural contradiction between the increasing of criminal cases and limitid judicial resource is intensified,the precision of sentencing recommendations that gradually leap into the public view has also become one of the research hotspots in the reform of the system of lenient punishment for guilty plea."The Precision of Sentencing recommendations " was initially put forward by the deputy Chief prosecutor Chen Guoqing in April 2019,and based on the provisions of Article 176,paragraph 2 and Article 201 of the Criminal Procedure Code,procuratorial organs at all levels are required to actively promote the accurate reform of sentencing recommendations under the condition that they have been endowed with the power of sentencing proposal.Meanwhile,the court should adopt the sentencing recommendations for the principle,do not adopt as the exception.Therefore,accurate sentencing inevitably leads to the suspicion that the power of sentencing recommendation erodes the power of discretion.In October of the same year,the Supreme People’s Court,the Supreme People’Procuratorate,Ministry of Public Security,Ministry of State Security and Ministry of Justice jointly issued the Guidelines on the Application of the System of Punishment for Admission Pleas,which clearly requires that procuratorial organs should generally put forward definite sentencing recommendations after the accused plead guilty.The legal provisions of the definite sentencing recommendations have once again set off a discussion of the choice between the amplitude punishment and the definitive sentencing proposal in the theoretical and practical circles.Admittedly,the precision of sentencing suggestions under the perspective of the lenient punishment system is not a simple technical operation for the determination of punishment and amplitude punishment.It should be analyzed from the perspective of the relationship between the relationship between the court and the procuratorate.The precise reform of sentencing suggestions actually contains the power distribution of judicial power and public prosecution right under the system logic,and the distribution logic behind it must be clearly recognized to prove the legitimate basis of the reform,so as to find the cause of the dilemma and the solution path.With the standardized reform of sentencing recommendations and the reform of the system of leniency for confession,China’s sentencing proposal has experienced the chaotic stage of conviction and sentencing,the exploration stage of the procuratorial organ,the joint promotion stage of the court and the procuratorate and the deepening stage of the departments,and formed a specific connotation definition in the historical evolution.Therefore,the precise nature of sentencing recommendations can be divided into "the precision of the point" based on the determination of punishment and "the precision of the surface" based on the range of punishment,which has the characteristics of multi-level.In the context of lenient punishment,the precision of sentencing recommendations is not only related to the substance of the trial to improve the judicial efficiency,but also related to the regulation of discretion to strengthen the legal supervision of the procuratorial organ.In judicial practice,the precision of sentencing recommendations has to face many practical difficulties in the process of promotion,such as the formalistic sentencing consultation process,the ambiguity of the legal norms,the tension of the communication between the prosecution and trial organs and the complicated mechanism of the sentencing of the inspection system.In order to solve the aforementioned dilemma,we plan to start from the following aspects: guarantee the right of the accused to achieve effective consultation;improve the legal norms and standards to eliminate the understanding differences of the legal prosecution;strengthen the communication of the judicial authorities to achieve the effective interaction between the judiciary authorities;reform the work mechanism of the procuratorial organ to reduce the obstacles when the prosecutors make the sentencing recommendations.