Research On Suggestions System Of Penalty For Confession From Clemency To Sentencing

The system of leniency in pleading guilty first appeared in the criminal procedure.The implementation of this system improves judicial credibility and the quality of public prosecution,simplifies the procedure of examination and prosecution,and thus enhances the efficiency of management and promotes the resolution of social contradictions.However,The existence of this system has also brought many structural problems,which brings many structural problems,and the system of sentencing suggestions is one of the controversial points.The current judicial practice,to determine punishment sentencing recommendations occupy the vast majority of sentencing recommendations,the people’s procuratorate for examination and assessment of internal also have requirements,sentencing suggestion is faced with public prosecution and the boundary of the jurisdiction conflicts,defendant,inadequate,lack of substantive law support from the amplitude is not clear,procuratorate no reason lead to the court sentencing proposal adopted sentencing suggestion is arbitrary and other issues and difficulties.To this,the author thinks that,first of all,the people’s procuratorate to establish sentencing suggestion precision consciousness,not one-side pursuit to determine the punishment sentencing recommendations put forward rate,from two aspects of from and essence,to strengthen sentencing proposal reasons things out,the use of traditional gender method on the basis of the good child with big date,artificial intelligence technology aided sentencing suggestion activity,deepen the method idea of sentencing recommendations accuracy;secondly,the procuratorate should fully negotiate with the defendant and the victim to ensure the substantive progress of the on-duty lawyer system,and effectively communicate with the court on sentencing suggestions.Thirdly,the procuratorate should abandon the wrong idea that the sentencing recommendation right crosses the boundary of the judicial power,but complement and restrict each other;Finally,at the level of substantive law,it should be corresponding to the amendment of the Ceiminal Procedure Law,so as to clarify the leniency of sentencing and give the defendant a certain psychological expectation of guilty plea.Thus give full play to the value and advantages of the sentencing suggestion system in the case of leniency of guilty plea and make it long and develop.