| Procuratorate protest is to correct mistakes in judgment and ensure the accuracy of the case.However,in the pleading cases,the prosecution often filed frequent protests in order to deal with the defendant’s contravention after pleading guilty or the court did not adopt the sentencing suggestion,and the criminal protest for the purpose of correcting the wrong judgment gradually deviated from the original intention.In order to correct the problems existing in the cases of guilty plea and ensure the smooth operation of the leniency system of guilty plea and the proper application of criminal protest,it is necessary to analyze the current situation of protest in the cases of guilty plea,clarify the disputes,explore the existing problems and improve them accordingly.According to the object of protest of the procuratorate,the special protest of guilty plea can be divided into two types.One type is counter-protest,that is,the procuratorate appeals against the defendant by protest.In such cases,the defendant appeals on the grounds that the sentence is too heavy,and the procuratorate raises a simultaneous protest on the grounds that the punishment is not admitted.After the prosecution lodged a protest,some defendants chose to withdraw their appeals to reduce the risks brought by the appeal,while some defendants were punished more severely because they insisted on the appeal.The other is sentencing dispute protest,that is,the prosecution to the court does not adopt sentencing advice,violation of legal procedures on the grounds of protest.The procuratorate put forward more indeed sentencing sentencing recommendations resulting in the court’s judgment power is squeezed,the procuratorate think that there is no special circumstances,the court on sentencing recommendations should be adopted by the obligation,so filed a protest to maintain their sentencing results.Although the leniency system of guilty plea has been formally implemented,the protest system matching this new system has not been updated.Therefore,there are corresponding problems in the implementation process of the system.For the defendant to appeal,the procuratorate to protest to counter,not only does not accord with the relevant legal provisions of protest,but also does not accord with the principle of human rights protection,the defendant’s right to appeal is suppressed,the system value of criminal protest gradually lost,the filing of this kind of protest lacks legitimacy.For the court did not adopt the sentencing proposal,the behavior of the procuratorate to protest is actually the lack of communication in the legal prosecution,the form of sentencing proposal is too single and the adjustment procedure is complicated,the lack of the necessity of raising this kind of protest.To solve the protest problem in the case of guilty plea,we need to start from two aspects.On the one hand,we need to increase the legitimacy of the prosecution’s protest.We should standardize the counteraction type protest filed by procuratorate to avoid the situation of "one size fits all".Make clear the standard of filing protest and improve the relevant measures to ensure the system value of protest can be realized.On the other hand,the prosecution should avoid sentencing controversy type protest.The reduction of prosecutorial appeals is intended only to correct minor procedural flaws in the court.At the same time,strengthen the communication between the procuratorate,enhance the recognition of sentencing recommendations issued by the procuratorate.At the same time,according to different cases flexibly choose the form of sentencing recommendations,increase the applicability of sentencing recommendations.On this basis,the adjustment procedures of sentencing recommendations should be optimized to ensure that the legal prosecutors can quickly communicate and solve the differences in sentencing. |
