Research On The Range Of Sentencing Recommendations Of Leniency For Pleading Guilty And Accepting Penalty

After the prosecutor pleads guilty,the prosecution should make what kind of sentencing recommendation has been the focus of debate.Some scholars,based on the "point theory",advocate that the determination of the sentencing recommendation and the responsibility of the prosecuted should match each other,which is also more conducive to achieving the purpose of saving judicial resources.There are some scholars from the "range theory",that the range of sentencing recommendations are more suitable for the current development stage of complex cases and insufficient practical experience.This thesis considers the disadvantages of range sentencing recommendations include the following:First,the range of sentencing recommendations will make it difficult for the accused to recognize the superiority of the plea system,greatly reducing the possibility of the accused pleading guilty and pleading guilty.Second,when the prosecutor’s office proposes a sentence that lacks a reasonable basis and unified regulations,it is difficult for the prosecution and defense to reach a consensus in the negotiation process,which will also hinder the implementation of the plea system.Finally,the court still needs to sort out and argue the penalties that the prosecuted person should bear in the trial process,and needs to make a choice within the range of sentence,which not only wastes judicial resources,but also tends to lead to excessive differences in sentencing for such cases.If the final result of the court hearing is not consistent with the expectations of the pursued person,it is easy to lead to judicial procedure reversal and prolonged litigation time.The advantage of determining sentencing recommendation is that it can force the transparency of the sentencing range and promote the judiciary to set clear sentencing standards.Clear sentencing standards can prompt the prosecution and defense to carry out adequate sentencing negotiations,with a unified normative standard is easier to reach agreement.The prosecutor will be able to plead guilty and punish more voluntarily after he or she feels the difference between the sentencing concessions of the plea and the ordinary procedure.This approach not only makes the application of the plea system broader,but also increases the application of the plea system,helps the judiciary streamline case proceedings,allows long-standing backlogged cases to be dealt with quickly,and also allows scarce human resources to be focused on cases of great impact and complexity,ensuring that the cases receive finer,fairer hearings.There are also some problems that need to be solved in determining sentencing recommendations:first,the starting point and sentencing range for some common crimes are very broad and not clearly defined;second,there are no unified and clear guidelines for sentencing recommendations nationwide,and they vary greatly from region to region;in addition,sentencing recommendations made by prosecutors are subject to the limitations of personal subjective factors,personal level and experience;finally,some people believe that the determined sentencing recommendations shake the central position of the court’s trial power.In response to the problems in practice,the following aspects can be optimized:First,the starting point of sentencing and the range of sentencing concessions for common crimes should be supplemented,and clear and refined sentencing standards should be introduced.Second,a gradual progression can be used in the formulation of sentencing standards,which can urge the pursued person to take the initiative to confess guilt and achieve a balanced effect of efficiency and fairness.Third,the judicial authorities should improve the consultation and reasoning mechanism,so that the prosecuted can plead guilty and punishments on an equal and voluntary basis.Fourth,the procuratorate should gradually improve its ability to negotiate and recommend sentences,and strengthen communication and learning with the courts.Fifth,the use of artificial intelligence and other technical means to screen and analyze cases to improve the quality and efficiency of handling cases.The widespread application of the plea-bargained leniency system has highlighted the great role of determining sentencing recommendations in improving judicial efficiency and maintaining judicial authority.But how to solve the problems exposed in practice and further implement the precision of determine sentencing recommendations requires more profound and extensive discussions among legal professionals from all sides to jointly explore better ways and means.