Research On Protest In Cases Of Guilty Plea And Punishment

With the transformation of criminal procedure mode,the leniency system of guilty plea with Chinese characteristics has realized the transformation from experimental application to real establishment,which means that the structure of criminal procedure has also changed.Under the system of guilty plea and punishment,the procuratorate gives the suggestion of sentencing according to the case,which makes the situation that only the court convicted and sentenced has changed.The system not only maintains the authority and credibility of public power organs,but also helps improve judicial efficiency and encourages defendants to voluntarily plead guilty to the law.Meanwhile,it plays an important role in safeguarding the legitimate rights and interests of defendants.But in practice,there are a lot of procuratorial organs to plead guilty to the phenomenon of punishment.The establishment of this system is a new challenge to the procuratorial organ,so there are some areas to be improved.Analyze the existing problems reflected by different types of protest cases in practice,explore their causes and solve them,so that the system can be applied to the current judicial practice of our country,to meet the requirements of judicial practice.Taking three cases as the starting point,this paper presents three existing types of plead guilty plea cases and seeks countermeasures by analyzing the current situation.First of all,taking Liu’s bribery case as an entry point,the first type of protests is revealed without adopting sentencing recommendations.The existing problems in this type of protest cases mainly include: the unclear function of the procuratorial organs,the differences in the sentencing standards of the procuratorate,the lack of a rationale system for sentencing recommendations,and the lack of supervision and restriction on the exercise of power.These problems can be solved by clarifying the functional positioning of the procuratorial organs,strengthening the communication between the procuratorate and the law,unifying the scale of adjudication,building a rationale system for sentencing recommendations,and improving the supervision system of prosecutors’ discretionary powers.Secondly,taking Xing’s intentional injury protest case as the entry point,it reflects the second largest type of case-the protest against the defendant’s appeal.In this type of protest case,there are problems such as too mechanical when appealing and admitting punishment,vague content of the rights notification of the accused,and unreasonable performance evaluation of the procuratorial organs.Based on this,it can be improved by clarifying the relationship between appeal and admitting punishment,refining the content of the rights notification of the accused,and scientifically evaluating the adoption rate of sentencing recommendations.Finally,taking the case of Xiong’s protest against public affairs as an example,it reveals the third type of case — the protest filed by the simplification of procedures leading to substantive injustice.This type of protest case has shortcomings such as excessive pursuit of efficiency due to expedited procedures and serious formalization of court trials.Therefore,it can be improved by balancing the relationship between judicial efficiency and judicial fairness and making the court trial process transparent and open.