Research On The Standardization Of Sentencing Suggestions In Cases Of Guilty Plea And Punishment

The reform of sentencing standardization under the background of leniency in confession and punishment is the objective need of the progress of the rule of law and the development of the times.The main purpose is to standardize the discretion,unify the standards of law application,and realize permeable fairness and justice,so as to maintain social stability and promote social harmony.Under the current realistic background that the application rate of guilty plea and punishment and the adoption rate of sentencing suggestions have been generally improved,whether the operation process of sentencing suggestions under the leniency system of guilty plea and punishment is standardized has become the key to the reform of sentencing standardization.At present,the development of standardization has the following problems.Firstly,in practice,the problem of excessive pursuit of the adoption rate of sentencing suggestions and ignoring the quality of sentencing suggestions is particularly prominent.In addition,in the initial stage of the development of the proposed system of guilty plea,punishment and sentencing,due to the imperfect construction of relevant systems and the inconsistency of applicable standards in various places,the phenomenon of "different judgments in the same case" often occurs.Finally,there are many irregularities in the application of confession and punishment procedure in the second instance because there is no evidence of relevant legislation and judicial practice.Firstly,it is necessary to clearly understand the current situation of the development of the theory of sentencing and the actual performance of sentencing in our country,In order to build the necessary foundation for the sustainable development of Standardization: secondly,we should clarify the judgment standards of entities and procedures and improve the adoption quality of sentencing suggestions.Thirdly,according to their own judicial actual situation,learn from the development experience of the extraterritorial confession,punishment and sentencing suggestion system,enrich the subject of sentencing suggestions,unify sentencing standards,and explore the development path of the standardization of sentencing suggestions.At the same time,we should ensure the standardized application of the confession and punishment procedure in the second instance procedure,and promote the penetration operation of the confession and punishment sentencing suggestion system.Finally,according to the concept of criminal justice advocated by the doctrine of responsibility,we should build a sentencing suggestion supervision system in the cases of confession and punishment,and try our best to avoid the occurrence of unjust,false and wrong cases.