Study On The Rationalization Of Sentencing Recommendations Under The Admission Of Guilt And Lenient Punishment System

The admission of guilt and lenient punishment system was paid much attention while the reform started because it is a system that has significantly changed the model and philosophy of justice in China.Certainly,the system was designed to improve efficiency to face the reality of too many cases and too few people,and the core of the system is the sentencing recommendation system,but the sentencing recommendation system involves issues such as the division of power and sentencing consultation that were not involved in previous judicial practice.The way to perfect the problem.The first part discusses the theoretical analysis of the sentencing recommendation system.There are two different theoretical perspectives on the sentencing recommendation system: the procedural theory and the circumstances theory.The first part discusses two opposite theories and examines the concepts of consensual justice and competence-based justice,which implies the specific model of the sentencing recommendation and the actual rights of the accused.The strong binding effect of a sentencing recommendation on the court involves the substantial attribution of the right to seek punishment,which is tantamount to redistributing the power between the prosecution and the court and has certain specificities.Based on the legal norms and practical data of the precise sentencing recommendation and the range recommendation,this section further discusses the issue of judicial efficiency under different models.Based on the above theoretical discussion,this part concludes both the shortcoming parts and advantaged parts,it is also a basic part of the next part.The third section compares and contrasts similar extraterritorial legal provisions.Among these extraterritorial systems,the advantages of their related systems,such as graded leniency and lawyer protection system,are summarized,and some insights are drawn for China’s related systems.The fourth part builds on the discussion in the three sections above to explore solutions to the related problems,starting with positioning the larger system of the new part as a mean to streamline the process and save judicial resources,and then prescribing more detailed and targeted measures.As for sentencing recommendations,they should be clarified in terms of how they are proposed and calculated,so that a common platform for consultation exists.At the same time,a way of convergence between substantive law and procedural law should be sought,so that sentencing recommendations can truly be guaranteed by both procedure and substance.