Research On Sentencing Recommendations Of Procuratorial Organs In Plea Cases

The sentencing suggestion proposed by the procuratorial organ is the core link of the system of guilty plea.In the case of guilty plea,it serves as the communication bridge of the prosecution and trial,which runs through the whole process of criminal procedure.The sentencing suggestion in the case of guilty plea breaks through the shackles of the traditional sentencing suggestion,and has changed in the nature,effectiveness,formation way and presentation way,which has gradually become one of the core contents of criminal procedure.Specifically,in terms of nature and effectiveness,the sentencing proposal in the guilty plea case is not just the right of suggestion,but the agreement of the prosecution and defense.It has a certain binding force for the judicial organ,and should be adopted except for the legal circumstances.In terms of the way of formation,the previous sentencing suggestion is unilaterally put forward by the procuratorial organ,and the accused does not have the right to participate.In the case of confession,the sentencing suggestion is the litigation agreement reached after the negotiation between the two parties,and the accused has the right to participate in the negotiation.In terms of the way,the previous sentencing proposal is mainly based on the amplitude of the punishment,but in the case of confession,the sentencing proposal is mainly to determine the punishment,supplemented by the range of punishment.The structure of this article is mainly composed of five parts: The first part: the first part,through the collation of a large number of literature and data,The concept and type of sentencing proposal and the definition of the right of sentencing suggestion are elaborated in detail;The second part,through the exploration of relevant systems outside the domain,Looking for the reference significance of the sentencing suggestion system in China;The third part analyzes the trial situation of the guilty plea cases in Q region between 2019 and 2021,To summarize the problems of sentencing suggestions in judicial practice,For example,the application of the lenient punishment system in Q area;Analysis of the program application situation;The form and adoption of the sentencing recommendations;Do not adopt the sentencing suggestion situation analysis,etc.;The fourth part,based on the analysis of the aforementioned data,To analyze some problems when the procuratorial organs put forward sentencing suggestions in practice,If the negotiation between the two parties is not sufficient;The status of the negotiation subject is very different;The appropriateness of the sentencing suggestions of the procuratorial organs is insufficient;The conflict between "procuratorial leading" and "trial center";The fifth part,combined with some problems of sentencing suggestions put forward by the People’s Procuratorate of Q County,Propose the optimization measures,By deepening the consensus on inspection,Improve the sentencing guidelines and adjust the subject of consultation between prosecution and defense,Protect the rights and interests of the accused,establish the pre-notification mode of duty lawyers,strengthen the examination of judges in the trial center and improve the accuracy of sentencing suggestions,And then realize the sentencing science and the trial justice.