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Research On The Precision Of Sentencing Recommendations In Plea Cases

Posted on:2024-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:X ChengFull Text:PDF
GTID:2556307166458174Subject:Law
Abstract/Summary:PDF Full Text Request
Since the opening of the pilot plea leniency system,it has played an effective role in easing the judicial pressure,saving litigation resources and improving trial efficiency in China.The precision of sentencing recommendations was gradually formed during the implementation of the plea leniency system.In the "Guidance on the Application of the System of Plea Ease" issued in 2019,it is pointed out that sentencing recommendations should be made with certainty.Compared with the range sentence sentencing proposal,the precise sentencing proposal is more predictable,helps the pursued person to take the initiative to plead guilty and punish,and has the necessity and feasibility of implementation.At present,the work related to the precision of sentencing recommendations is being implemented in a big way,and the research related to sentencing recommendations has also caused a boom with the pilot work and the release of relevant documents one after another,however,in the actual implementation process of the precision of sentencing recommendations,some implementation dilemmas have emerged,such as the lack of uniform standards for the formulation of sentencing recommendations,the unbalanced status of the prosecution and defense consultation,the marginal conflict caused by the precision of sentencing recommendations by the law prosecution,the lack of clarity in the adjustment procedure of sentencing recommendations,and the lack of clarity in the implementation of sentencing recommendations,These difficulties not only restrict the implementation of sentencing recommendations,but also have many adverse effects on the application of the plea system.Therefore,based on the clarification of the meaning of precise sentencing recommendations and the re-examination of their legitimacy,this thesis proposes the following optimization paths,taking into account the root of the dilemma in current practice and the experience of overseas pioneers: First,to enhance the balance of the sentencing negotiation process,including the prosecution stage,the procuratorial authorities take the initiative to open the evidence disclosure system,reduce the information barriers of the prosecuted and promote the duty lawyer system The full effectiveness of the system to provide effective legal assistance to the prosecuted.Second,the judicial organs jointly formulate unified sentencing regulatory documents,qualify and clarify the form of leniency and the range of leniency for each sentencing circumstance,and run big data analysis and AI technology to improve the calculation ability of sentencing.In order to ensure the balance and fairness of sentencing,enhance the consistency and predictability of the sentencing normative system,and reduce the occurrence of different sentences in similar cases.Third,coordinate the relationship between law and prosecution at the stage of application of sentencing recommendations to reduce the occurrence of marginal conflicts,specifically including the transformation of conflicting concepts between law and prosecution,strengthening the substantive review power of the court side,and enhancing the reasoning of the prosecution on sentencing recommendations.Fourth,improve the rules for the adoption of sentencing recommendations,first of all,to clarify the provisions of the current law on the adoption of the second to determine the criteria for determining the clearly improper,and finally,in accordance with the length of the penalty and the degree of difficulty of the penalty to determine the scope of the clearly improper detailed classification,in order to achieve the full advantage of the accuracy of sentencing recommendations.
Keywords/Search Tags:Plea of guilty, precision of sentencing recommendations, range sentence recommendations, determination of sentence recommendations
PDF Full Text Request
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