Cold Thinking On The Proposal Of Precise Sentencing

It has been more than ten years since the sentencing proposal was explored and gradually improved.The types of sentencing recommendations have gradually developed from the initial summary of sentencing recommendations to the current range of sentencing recommendations,precision sentencing recommendations.If the sentencing suggestion is a bridge between the confession of the accused and the judge’s discretion,the precise sentencing suggestion is also a link between the confession of the accused and the judge’s verdict.It seems that the wide application of precision sentencing suggestions by procuratorial organs has become a "boom" in judicial practice.Behind the "overheating" is a manifestation of the leading role of procuratorial organs,which inevitably leads to some unsatisfactory events in practice.Sentencing suggestion power is an important part of public prosecution power of procuratorial organs,which plays an important role in restricting and supervising the sentencing discretion of judicial organs.However,as long as the supervision of sentencing suggestion power stops at internal supervision and there is no effective external supervision,it will inevitably lead to judicial corruption.In recent years,theorists and practitioners pay more and more attention to the discussion of precise sentencing suggestions,and relevant scholars and practical experts have more in-depth discussions.More and more normative documents "decentralize" the sentencing suggestions put forward by procuratorial organs,but in the normative documents,there is no clear guidance on the range of sentencing suggestions put forward by procuratorial organs.In the judicial practice,the prosecution is more applicable to the sentencing recommendations with a larger range,and most of the sentencing recommendations it puts forward do not rationalize the process of recognition.Even if there are a small number of reasonable prosecution agencies,there is no unified recognition standard,resulting in different regions to handle the same case differently.Starting from the background of accurate sentencing proposal,this paper discusses the historical evolution of sentencing proposal,the wide implementation of the leniency system of confession and punishment,the current practical difficulties and hidden worries in the application of accurate sentencing proposal,and clarifies the concept of accurate sentencing proposal,and puts forward my own views to solve the problems in the application of accuratesentencing proposal.In addition to the introduction,this paper is divided into four parts:The first part introduces the origin of the precise sentencing proposal.This part analyzes the background,concept definition and value of the precision sentencing proposal system in detail.The author tries to introduce the origin of the precision sentencing proposal system to enhance the readers’ intuitive impression of the precision sentencing proposal.The second part introduces the practical dilemma of the application of the precise sentencing proposal.From the angle of the existing legal norms,the obstacles in the implementation of the law,this paper discusses the way to solve the problem.The third part is the countermeasures against the difficulties and hidden worries.This part mainly discusses how to improve the relevant legislation,strengthen the communication and coordination between the two parties,provide scientific and technological intelligence assistance,and improve the channels of multi-party participation,so as to contribute to the wider application of accurate sentencing recommendations.The fourth part is a summary of this paper,and puts forward the future prospects of the application of the precise sentencing recommendations.