Research On Sentencing Suggestions Of Leniency Cases For Pleading Guilty And Accepting Penalty

The leniency system for pleading guilty and punishing has been piloted for two years in 18 cities including Beijing,Tianjin,and Shanghai in2016.The newly revised Criminal Procedure Law on October 26,2018 formally established a leniency system for confessing guilt and punishing.In the case of lenient plea and punishment,since the issue of conviction is essentially no longer controversial,sentencing recommendations will undoubtedly be the focus of the trial procedure.In this context,the sentencing recommendations will become the "bull nose" to solve the problem of sentencing,and it is also the key to the real implementation of the leniency system for confessing guilt and punishing.This article uses 575 judgment documents on the website of judgment documents as a research sample to analyze the problems of sentencing suggestions in cases of confession and punishment,and propose corresponding solutions.Through research,it is found that there are four main problems with sentencing recommendations in cases of guilty plea and punishment: one is the repeated evaluation of the sentencing circumstances,the second is that the duty lawyer has little effect,the third is the insufficient negotiation of sentencing recommendations,and the fourth is the improper procedures for handling sentencing recommendations to objections.The main reason for the above four problems is that there is a cross relationship between confession and surrender,and the independent value of the system of confession and confession has not been reflected in judicial practice.Secondly,the system of on-duty lawyers is still immature and lacks the necessary incentive mechanism for on-duty lawyers.Third,the sentencing consultation procedure is imperfect,and the current guilty pleas consultation is a sentencing consultation led by the procuratorial organ.Finally,there is a lack of substantive guidelines for sentencing recommendations.The main basis for sentencing recommendations lies in a comprehensive evaluation of the sentencing circumstances.The existing sentencing guidelines only have detailed provisions on the applicable procedures,and there are still deficiencies in the actual content of sentencing evaluations.Place.In order to solve the above problems,we can start from the following four aspects: First,promote the accuracy of sentencing recommendations,formulate more complete sentencing guidelines,and comprehensively evaluate sentencing circumstances;second,improve the duty lawyer system,clarify the legal status of duty lawyers,and establish a sound Incentive mechanism for lawyers on duty;third,improve sentencing consultation procedures,ensure the parties’ right to know,improve the tripartite communication mechanism for prosecution and defense,and at the same time carefully listen to the opinions of victims and respect the court’s sentencing power;fourth,strengthen the supervision of sentencing recommendations and establish a sound In the sentencing recommendation supervision mechanism,the procuratorial organs should actively perform legal supervision functions.