Research On The Accuracy Of Sentencing Suggestions

In the process of amending the criminal procedure law of the People’s Republic of China in 2018,the leniency system of guilty plea and punishment was officially written into the system.At the same time,the state clarified the sentencing suggestion power of the procuratorial organ in the case of guilty plea and punishment in the form of legislation for the first time.From the legislative level,the leniency system of guilty plea and punishment is produced at the same time with the sentencing suggestion power of the procuratorial organ,but the legal empowerment of the sentencing suggestion of the procuratorial organ is only limited to the specific scope of the leniency system of guilty plea and punishment.Before the leniency system of guilty plea and punishment came into being,the procuratorial organs actively explored the sentencing suggestions.The previous sentencing suggestions are significantly different from those in the system of guilty plea and punishment.For example,the sentencing suggestions in the leniency system of confession and punishment include the agreement between prosecution and defense,should be respected by the court,should be as accurate as possible and so on.In line with the requirements of the leniency system of confession and punishment,the procuratorial organ has put forward the new concept of "accurate sentencing suggestions".Since2019,the proportion of sentencing suggestions put forward by procuratorial organs in handling public prosecution cases has increased sharply,and more attention has been paid to accuracy.The Supreme People’s Procuratorate has repeatedly issued documents to improve the proportion and accuracy of sentencing recommendations,and incorporate the accuracy of sentencing recommendations into the assessment indicators.As a power that has just been "corrected" by the law,it is undoubtedly a challenge for the procuratorial organ to make full use of it and achieve accuracy.The accuracy of sentencing recommendations of procuratorial organs has its practical significance,and there are also some problems in practical operation.On the one hand,the accuracy of sentencing recommendations of procuratorial organs can reduce the sentencing burden of judges.On the other hand,the accuracy of sentencing recommendations of procuratorial organs,especially the absolute certainty of sentencing recommendations,weakens the discretion of judges to a certain extent,which will inevitably be resisted by some judges in practice.In the leniency system of confession and punishment,there is no doubt about the accuracy,rationality and legitimacy of sentencing suggestions.The key is how to realize it and how to solve the practical difficulties faced in practice.The leniency system of guilty plea and punishment is a guilty plea system with unique Chinese characteristics.Solving the above problems must be carried out at the level of China’s judicial reality.On the basis of learning from foreign experience,explore the solution path suitable for China’s practical characteristics,such as scientifically grasping the requirements of the accuracy of sentencing suggestions,improving the level of sentencing suggestions put forward by procuratorial organs,building an effective prosecution and defense consultation mechanism,and straightening out the relationship between law and prosecution in guilty plea and punishment cases.