On Sentencing Under The Lenient System Of Guilty Plea Research On The Problems And Countermeasures Of Suggestion Adoption

Since the introduction of the system of guilty plea and punishment in China,courts and procuratorates at all levels have issued many guiding opinions based on practical experience.This system promotes the criminal justice of our country to a high-quality level.Nothing is perfect,and so is the system of guilty plea and punishment,although it can give play to people’s subjective initiative in the pilot process In the process of the pilot reform,there are enthusiastic support and voice of doubt.The judiciary,conviction and sentencing are the unique power of the judicial organ in China-the court.The court does not directly participate in the sentencing consultation,but takes it as a reference after the procuratorate puts forward sentencing suggestions Decide whether to adopt the application.Based on the development of confession and punishment,China has formed certain standards and norms.So far,it can be seen that the development of our sentencing suggestion system is accompanied by the leniency system of confession and punishment,which is not "unconventional",but based on solid theory and rich practical experience.Through the analysis of the application of sentencing suggestions in recent years,the application rate of confession cases is increasing,and the adoption rate of sentencing suggestions is increasing year by year.This shows the rapid development of the system of leniency in our country.However,we can not ignore the rapid development of the system at the same time,the system is also facing problems that we need to face directly,the lack of standardized reasoning mechanism and the phenomenon of non-standard application of procedure,etc.when the opinions of the judicial organ and the procuratorial organ are opposite,whether they should be adopted or not,all of these hinder the development of sentencing suggestions to a better and better direction.Therefore,we need to regulate the system which can play an effective role in improving,so as to promote the effective operation of sentencing suggestions in the litigation process,improve the efficiency of judicial proceedings,realize judicial justice,systematization of sentencing suggestions.