An Empirical Study On Sentencing Recommendations In Plea Guilty And Punishment Cases

Currently,in order to improve the efficiency of the use of limited judicial resources and the fairness of the judgment of the judiciary,the plea system is widely used in various cases in the criminal field in China.The sentencing recommendations made by the prosecutors in plea cases are not only a reflection of the results of the negotiation between the prosecution and the defense,but also form a certain binding force for the judgment results of the judiciary.Therefore,to improve the quality of sentencing recommendations in plea cases is a necessary requirement for the scientific practice of judicial activities.The core issue of sentencing recommendation is composed of its generation mechanism,manifestation and judicial effectiveness,which has led to heated discussions among scholars on the participation of the main body of the prosecution and the defense in plea cases,the precision of sentencing recommendations and the current situation of adoption by the judiciary.In order to find effective solutions to improve the level of sentencing recommendations made by prosecutors in plea cases in China,this paper uses 1200 plea cases as the research sample and combines empirical research methods and case studies to analyze the quality of sentencing recommendations in empirical cases.This paper uses data visualization methods to visualize the opinions expressed by the prosecution and the defense,the proportion of sentencing recommendations in the empirical cases,and the reasons why the sentencing recommendations were not adopted by the judiciary,so as to examine the current situation and shortcomings of the prosecutor’s office in the current judicial practice for the level of sentencing recommendations in plea cases.Through the implementation of sentencing recommendations in an empirical sample of plea cases,this paper identifies three major problems with sentencing recommendations,namely,the imbalance in the ability of the prosecution and the defense to negotiate,the lack of precision in sentencing recommendations in plea cases,and the unreasonableness of their adoption.Combining China’s relevant policies and practical experience,we propose a set of systematic strategies to enhance the quality of sentencing recommendations in plea cases.In order to improve the quality of sentencing recommendations in plea cases,we propose a systematic strategy to improve the quality of sentencing recommendations.In response to the need to improve the accuracy of sentencing recommendations made by the prosecutors,we advocate strengthening the prosecutors’ ability to explain the law,emphasizing the accuracy of sentencing recommendations in the area of felony crimes,and improving the application of sentencing circumstances.Although the adoption rate of sentencing recommendations by the judiciary is high,the procuratorial authorities should continue to optimize the internal adoption assessment system and strengthen the supervision of cases in which sentencing recommendations are not adopted by the judiciary,so as to promote the same development of the adoption rate and quality of sentencing recommendations.The development of high quality sentencing recommendations for plea cases brings new challenges to the work of the procuratorial authorities and opportunities to explore the "consultative cooperation" model in the criminal field.This paper is based on the core of improving the quality of sentencing recommendations in plea cases,which has certain research value.