Study On The Proposition Of Sentencing Under The System Of Recognition And Punishment Of Guilty Pleas

The suggestion of sentencing under the system of lenient admission of guilty and punishment has the significance of promoting the implementation of the system,speeding up the progress of litigation,improving judicial efficiency,reducing the cost of litigation and improving the comprehensive quality of procuratorial personnel.However,the existing practice of sentencing recommendations still has the problems of different and imperfect standards,failure to fully protect the interests of the defendant,lack of reasoning,lack of standardization and lack of supervision of the court’s light and heavy sentencing.The causes of these problems are manifold,some involving the scientific nature of the law making itself,but most of them are problems of improper operation in practice,including the factors of both parties and the defence.In order to make the sentencing suggestion mechanism more perfect under the lenient system of confession and punishment,we should start from the following aspects: The first is to promote the standardization of sentencing recommendations,including improving sentencing standards,improving the accuracy of sentencing recommendations,the implementation of phased range of sentencing,and the rational use of sentencing assistance system;The second is to strengthen the role of duty lawyers,as far as possible to protect the interests of the defendant in the sentencing negotiation process;Thirdly,improve the professional sentencing level of procuratorial personnel,increase sentencing recommendations reasoning;Finally,we should improve the supervision mechanism of sentencing suggestion from many angles.My paper is divided into five parts,focusing on the present situation,problems and reasons of the implementation of the recommendation of sentencing under the system of lenient admission of guilty and punishment in M city.The first part is the introduction,which mainly puts forward the research background and significance,research status and research methods.The second part is an overview of the proposal of sentencing under the lenientsystem of admission of guilty and punishment,taking the connotation change of the proposal of sentencing under the lenient system of admission of guilty and punishment as the starting point,and analyzes the significance and principle of applying the recommendation of sentencing under the system.The third part is about the present situation of the implementation of the recommendation of sentencing under the lenient system of guilty plea and punishment in M city.Through the investigation of the operation of the sentencing suggestion of the M city procuratorial organ and combing the statistics,this paper studies the basic characteristics and general situation of the M city procuratorial organ developing the proposal of sentencing under the lenient system of guilty plea and punishment.The fourth part is based on the implementation of the third part of the M city sentencing recommendations,based on the analysis of the problems and the reasons for the application of sentencing recommendations in lenient cases of guilty and punishment in M city.The last part is about the perfect conception of the proposal of sentencing under the lenient system of confession and punishment,in view of the problems existing in the application of sentencing recommendations in lenient cases of confession and punishment in practice,some suggestions are put forward for reference.