Research On The Precision Of Sentencing Recommendations In The System Of Pleading Guilty And Admitting Punishment By Procuratorial Organs

The leniency system for admitting guilt and accepting punishment has been attracting attention since it was written into the Criminal Procedure Law.The inclusion of the leniency system for admitting guilt and accepting punishment into the Criminal Procedure Law in 2018 was not a provisional decision,but has been piloted for a long time.The establishment of this system has played a vital role in the development of our country’s criminal procedure,and it has also played a role in promoting the transformation of the concept of procedure.This paper firstly analyzes the connotation of the precision of sentencing recommendations in the leniency system for confession and punishment,and demonstrates the meaning and nature of the precision of sentencing recommendations in the leniency system for confession and punishment.Precise sentencing should be detailed and specific in content.In addition to stating the sentencing in the sentencing recommendation,the most important thing is to explain the reasons for making the sentencing recommendation,and clarify the circumstances and basis for the procuratorial organ to make the sentencing suggest.The reason for such a detailed explanation of the reasons for making sentencing recommendations is that sentencing recommendations are subordinate to the right to seek punishment,which is the embodiment of the state’s public power.The manifestation of public power must be comprehensive and detailed.The leniency system for admitting guilt and accepting punishment is no longer a confrontation with justice in the traditional sense,but a new idea of cooperation between the prosecution and the defense under the new model.The sentencing suggestion is the crystallization of the active cooperation between the prosecution and the defense,reflecting the interactive process of negotiation between the prosecution and the defense.The court should adopt the precise sentencing recommendation under the circumstances of "generally should",which reflects the "rigid binding force" of the precise sentencing recommendation on the court.Finally,precise sentencing recommendations have an irreplaceable role in procuratorial organs actively fulfilling the right to prosecute,respecting the procedural status of the accused,rational allocation of trial resources and improvement of litigation efficiency.Therefore,the importance of setting up a system of precise sentencing recommendations is self-evident.After fully exploring the meaning and nature of precise sentencing recommendations,this paper demonstrates the legitimacy of precise sentencing recommendations in my country based on the development of sentencing recommendations in China’s leniency system for admitting guilt and accepting punishment and practical cases.Precise sentencing recommendations can effectively provide litigation efficiency and achieve fairness and justice in cases.Precise sentencing is also an inherent requirement under the leading role of the procuratorate.The procuratorial leadership can promote the process of sentencing negotiation.In this process,precise sentencing recommendations can also ensure that the accused voluntarily admit guilt and accept punishment,speed up the construction of a negotiated judicial model,and strengthen prosecution and defense.communicate.By analyzing the operation of the leniency system for admitting guilt and accepting punishment in theoretical research and practice,it is not difficult to find that there are some problems in the academic and practical process of precise sentencing recommendations,which are the key issues of this paper.In the process of negotiating and sentencing between the prosecution and the defense,the procuratorial organs’ leading role and authority are clearly evident.Furthermore,because of the strong power of the public prosecution,the voluntary and veracity of the accused’s admission of guilt and punishment has been questioned.thorough.In addition,there is a lack of relevant legislative provisions,resulting in a lack of theoretical support for precise sentencing recommendations.The lack of experience and ability of procuratorial organs in sentencing construction has also hindered the development of precise sentencing.Finally,as a new manifestation of the right of public prosecution,the precise sentencing recommendation also has a certain impact on the right of trial,resulting in a certain degree of tension in the relationship between prosecution and trial,and problems such as lack of communication between prosecution and trial.Aiming at the problems in academic and practice discussed in the previous article,through theories and evidences,the changes in the relationship between judicial and judicial inspections under the leniency system for admitting guilt and accepting punishment are explained in detail,and relevant measures are put forward to discuss the problems.The purpose is to propose solutions and breakthrough paths for precise sentencing,and to better improve the leniency system for admitting guilt and punishment and the related systems for sentencing recommendations.In response to the above problems,an equal sentencing negotiation platform is built by optimizing the sentencing negotiation link and at the same time paying attention to strengthening the substantial assistance of defense lawyers on duty lawyers.In terms of system,optimize the guidelines for sentencing recommendations and reasonably evaluate the adoption rate as an indicator.Ease the relationship between prosecution and trial,and strengthen communication between judicial prosecutors.In the process of reviewing sentencing recommendations,judicial organs should also conduct substantive reviews,change traditional thinking and viewpoints,conduct substantive reviews on precise sentencing recommendations,and at the same time make adjustment plans for sentencing recommendations that need to be adjusted when they are not "generally required".Promote the precision of sentencing recommendations.Finally,the intelligent judicial model that incorporates big data,establishes a database,and serves as an intelligent aid for procuratorial organs to exercise the power of public prosecution,assists in the formulation of precise sentencing recommendations,and promotes the leniency system for guilty pleas and punishments.