Research On Sentencing Suggestions Under The System Of Confession And Punishment

Sentencing recommendation refers to the litigation request made to the court by the prosecution organ undertaking the prosecution function on the application of the defendant in criminal proceedings.With the widespread application of the system of leniency for guilty plea,the sentencing suggestions proposed by the procuratorial organs are becoming more and more standardized and precise.Although the Ministry of Justice of National Security,the Supreme People’s Court on the guidance of the sentencing proposal,the adoption of the sentencing recommendations and the adjustment of sentencing recommendations has made specific provisions,but because the leniency system was formally established in the criminal legislation is not long,the practice of the experience is far from the full extent,which means that the system will inevitably have many problems.These problems are mainly manifested as: the application proportion of sentencing suggestions is increased too fast,the sentencing proposal is not standard,the application procedure of the regulatory sentencing proposal is not perfect,the adoption rate of sentencing suggestions is low,the accuracy of the sentencing proposal needs to be improved,the sentencing proposal of the procuratorial organ and the conflict between the judgment discretion of the court case,etc.The existence of these problems to some extent affects the practical effect of the sentencing suggestions in the cases of leniency for guilty plea,but it prevents the full play of its role.The unique role of the current sentencing recommendation system under the system of leniency for guilty plea is irreplaceable by other domestic judicial systems.Although in judicial practice,there will inevitably be a series of problems that have not been solved timely and effectively.There have also been many theory and practice disputes in the reform process,but the deepening reform of the sentencing suggestion system is the inevitable development trend to adapt to the system of leniency for guilty plea.As the sentencing proposal,an important content of the procuratorial organs to seek punishment,is a specific manifestation of the procuratorial organs exercising the power of public prosecution,but at the same time,whether the sentencing proposal is adopted by the court is an important measure of whether the system of leniency for punishment for confession can be implemented.The author thinks that,In order to effectively ensure the good effectiveness of the sentencing recommendation system under the guilty plea and punishment system,We must further realize the standardization requirements of the sentencing suggestions under the guilty plea and punishment system,Focus should improve the restriction mechanism for the application of sentencing suggestions,Improve the ability of procuratorial organs to improve the accuracy of sentencing suggestions,Establish the handling mechanism of the disagreement between the procuratorial organ and the court on the sentencing suggestions and the relevant countermeasures to resolve the problem,Finally,to realize the further study of the sentencing suggestion system under the background of leniency for guilty plea system,It makes the sentencing suggestion system can effectively boost the comprehensive and smooth development of the system of leniency for guilty plea in the field of judicial practice in China.