Research On The Sentencing Suggestions Under The Leniency System Of Guilty Plea In China

Sentencing proposal,as a product of the reform of sentencing standardization in China,has been produced and developed for 20 years.In terms of form,it has changed from "zero sum game" to "sentencing negotiation",in terms of content,it has changed from generalization and extensive to precise and definite,in terms of effectiveness,it has changed from "reference" to "general adoption",with sentencing negotiation as the premise,The result of leniency in sentencing is the two major aspects of sentencing proposal,which respectively summarizes the main contents of the two stages of proposal and adoption.The quality of negotiation directly affects whether it is adopted or not,and then affects the realization of lenient benefits of the accused’s guilty plea.Leniency in sentencing is not necessarily leniency,but leniency in confession or suggestion,that is,leniency is not the natural result of confession.The framework of this paper is divided into four chapters: the first chapter is an overview of sentencing suggestions under the leniency system of guilty plea,combing the exploration and development of sentencing suggestions in China and the new development of the system.This paper discusses the value basis,basic principles,presentation characteristics and precision development trend of sentencing suggestions under the system.The second chapter analyzes the problems and causes of the sentencing suggestions in the system of pleading guilty and punishment leniency,and points out that the sentencing suggestions under the system expose the problems of the sentencing suggestions themselves and the supporting mechanism in the judicial situation.The third chapter is about the investigation and reference significance of the relevant systems in the United States and Germany.It analyzes and discusses the role and role of each litigation subject in the plea bargaining and negotiation process in the United States.The fourth chapter is the improvement of sentencing suggestions.In the aspect of its own system construction,it puts forward some measures,such as exploring the judicial review mechanism,enhancing the openness of sentencing consultation,and clarifying the adoption standards.In the aspect of supporting mechanism improvement,it puts forward some measures,such as clarifying the content of the accused’s right of Estoppel and subsequent sentencing treatment,improving the lawyer on duty system,and ensuring the effective participation of victims.