Research On The Practical Issues Of The Procuratorial Organization’s Sentencing Suggestions In Pleading Guilty And Punishment ——From The Perspective Of The People’s Procuratorate Of County G

In 2018,my country’s Criminal Procedure Law was revised to formally fix the leniency system for confession of guilt and punishment in the form of law.The implementation of the leniency system for confessing guilt and punishing is aimed at diverting complicated cases,saving litigation resources,and improving litigation efficiency.Among them,prosecution The agency’s proposal for sentencing has become a key link in the operation of the system.According to the Criminal Procedure Law,where a criminal suspect pleads guilty and accepts punishment,the people’s procuratorate shall make a lenient sentencing recommendation to the criminal suspect in accordance with the Criminal Law and other provisions,and transfer the sentencing recommendation,the affidavit of guilt and punishment,and other materials to the court with the case.However,although the law and the documents successively issued by the two courts and three departments provide for the sentencing recommendations,they still cannot provide clear guidance on the precise content of the sentencing recommendations of the procuratorial organs in practice.The author uses three research methods: investigation method,data analysis method and literature research method to conduct investigations in the grassroots People’s Procuratorate through various methods such as data collection,case collation,and current situation analysis.Case-handling prosecutors exchanged and discussed,combined with typical cases and actual case handling,analyzed the research data,and on the basis of studying relevant documents,summarized the problems and reasons in the practical application of the system,and proposed corresponding optimization plans.This article mainly analyzes from the following four parts:The first part is the introduction,pointing out that with the application and deepening of the leniency of confession and punishment,the connotation and effectiveness of sentencing recommendations have undergone major changes,and it has become a common practice for procuratorial organs to lead criminal proceedings through sentencing recommendations.However,how to define the precision of sentencing recommendations and how to achieve precision are still controversial in academic circles.In practice,there is also a gap between the precision of sentencing recommendations of procuratorial organs and legal texts.How to explore better ways to form precise sentencing recommendations through empirical research,and how to achieve high-quality and efficient sentencing recommendations are issues that must be faced at present.The second part summarizes the practical operation of the G county prosecutors’ confession and punishment cases from October 2018 to July 2021,including the number of applicable cases of sentencing recommendations and the distribution of crimes,the manifestation of sentencing recommendations,the acceptance of sentencing recommendations,and sentencing Adoption and adjustment of recommendations.By analyzing the relevant data,it is clarified that the current status of the sentencing recommendation of the G county procuratorate is as follows: the public prosecution agencies have a large number of cases of lenient sentences,and the application rate of plea guilty and guilty is relatively high;the determination of sentencing recommendations has become the main form,and there are also a certain number of sentencing recommendations;The procuratorate is basically in an absolute dominant position in the proposal of sentencing recommendations;the procuratorate communicates smoothly with the court,and the adoption rate of sentencing recommendations is generally high.The third part analyzes the problems in the application of the prosecution’s sentencing recommendations in practice on the basis of the previous data analysis.The main problems are the insufficient adequacy of the procuratorial’s precise sentencing recommendations,the inconsistent sentencing standards,the formalization of prosecution and defense consultations,and the flow of review.The fourth part combines the actual situation of the sentencing recommendation of the G County Procuratorate,and proposes ways to optimize the sentencing recommendation.The accuracy of the sentencing recommendation can be improved by enhancing the appropriateness of the sentencing recommendation,unifying the standard of the sentencing recommendation,promoting the substantiation of the negotiation and settlement,and strengthening the substantive review of the court.And then realize the scientific sentencing and justice of the trial.