Research On Sentencing Reasoning In The Cases Of Pleading Guilty And Accepting Penalty

The criminal judgment records the whole content of the case,in which sentencing reasoning is a window for judges to the society.The process of judges’sentencing reasoning on the appearance of sentencing results are based on the measurement of criminal facts,plots,evidence and legal regulations.For one thing,it demonstrates the spirit of justice typified by judges,and for another,from the reasoning,it promotes the development of the law,reflects all kinds of social phenomena and dialyzes all kinds of situations in the world,laws and regulations on sentencing came into being.The leniency system of pleading guilty and accepting penalty is the booster of the modernization of China’s system and capacity for governance,and is the embodiment of judicial justice in the field of criminal procedure.Improving the level of sentencing reasoning in the cases of pleading guilty and accepting penalty is conducive to improving judicial efficiency and realizing litigation economy,so that sentencing justice and judicial justice are continuously strengthened in sentencing operations."Sunshine is the best preservative." The online disclosure of judgment documents is not only a way for social supervision of judicial activities,but also providing a research platform for this paper.This paper has collected a total of 513 judgments on the Chinese Judgment Documents website to conduct empirical research on sentencing argumentation,read through the sentencing argumentation section and sort out sentencing argumentation points and statistical data,then analyze the sentencing argumentation for cases of expedited procedures,summary procedures and ordinary procedures in the first instance,using the mechanism of the division between complex and simple judgment documents as the starting point.The intention of the research is to bring the hot-spot issues of confessed guilty and accepted punishment cases to the focus of the verdict,and the sentencing reasoning of cases of confessed guilty and accepted punishment include the leniency system of pleading guilty and accepting penalty and sentencing theory.This paper analyzes the judicial justice brought by sentencing reasoning from the leniency system of pleading guilty and accepting penalty,and reflecting the social effect of the leniency system of pleading guilty and accepting penalty from sentencing reasoning.At present,my country’s "Criminal Procedure Law" does not have detailed provisions on the reasoning of judgments.It is even more useless to talk about the sentencing reasoning.Most of the scholars’ theories that can be referred to are to study the reasoning of judgments or the adequacy of the sentencing reasoning.With the development of the leniency system of pleading guilty and accepting penalty and the mechanism of the division between complex and simple judgment documents,the simplification of sentencing reasoning is to meet the demands of the recent era.The imperfection of laws and the stagnant research direction have dragged down the development of sentencing reasoning and blurred the boundaries of social supervision and judicial legitimacy.This paper is constituted of four parts.The first part is an overview of sentencing reasoning in the judgment.The basic theory of sentencing reasoning in criminal judgment from three aspects:definition,composition and value.The second part is the empirical investigation of sentencing reasoning in the cases of pleading guilty and accepting penalty.From the perspective of the content of sentencing reasoning,this paper summarizes the main problems of sentencing reasoning in the cases of expedited procedure,summary procedure and ordinary procedure.The third part is based on the above empirical investigation,from the viewpoint of external factors such as judge subject,judicial system and sentencing reasoning content itself,analyzes the reasons for the nonstandard sentencing reasoning of confessed guilty and accepted punishment cases,reflects the current situation,and sets the stage for putting forward advice to solve the problems.The fourth part is to propose solutions to the problems and causes of sentencing reasoning in cases of confessed guilty and accepted punishment,aiming to build up the quality of sentencing reasoning in cases of confessed guilty and accepted punishment.