Research On Issues Related To Sentencing Recommendations In The System Of Confession And Lenienc

In 2018,the Standing Committee of the National People’s Congress passed the amendment of the criminal procedure law of the People’s Republic of China.In the latest revised criminal procedure law,the principle of leniency and leniency is defined as a basic principle in criminal suspect activities.Sentencing has naturally become the main consideration in criminal proceedings,and China’s procuratorial organs have been "emphasizing conviction and neglecting sentencing" in judicial practice for a long time.Therefore,the establishment of the principle of leniency in guilty plea and punishment is undoubtedly a subversive change to China’s procuratorial practice for a long time,The quality requirements for the sentencing suggestions put forward by the procuratorial organ have also increased,and putting forward the qualified sentencing suggestions is also the due meaning of the principle of leniency in guilty plea and punishment.Looking into judicial practice,after several years of development,the implementation of the leniency system of guilty plea and punishment has achieved obvious results,but there are still many deficiencies.For example,there is a lack of unified guidelines for sentencing recommendations,prosecution defense consultation is a mere formality,and there is a power conflict between prosecution and law.These are problems that cannot be ignored in the way of perfecting China’s legal system.Under the background of such a system reform,this paper selects the procuratorial organ as the main perspective,analyzes the principle of leniency in confession and punishment established after the amendment of the criminal procedure law in 2018,and takes this as the starting point to study the characteristics of the sentencing suggestion system in the principle of leniency in confession and punishment in China And the relationship between the sentencing suggestion power of the procuratorate and the sentencing discretion power of the court,combined with the implementation experience of the extraterritorial "plea bargaining" system,analyze and demonstrate,and then put forward a practical improvement path,in order to provide a certain degree of reference for the practical departments to deal with the cases of guilty plea and punishment.