Research On Sentencing Recommendations In The Lenient System Of Confession And Punishment

The effective operation of the leniency system for confession and punishment not only enables the rational allocation of judicial resources and improves judicial efficiency,but also has important significance for promoting judicial justice,maintaining social fairness and justice,and promoting the modernization of national governance system and governance capacity.As a key part of this system,sentencing recommendations are an important basis for judicial organs to make sentencing judgments when handling cases of confession and punishment.The effective implementation of the leniency system for confession and punishment depends on whether the procuratorial organs can provide accurate and scientific sentencing recommendations.Legitimate and reasonable sentencing recommendations play an important role in the trial of cases of confession and punishment leniency,and also help to achieve judicial justice,thereby further promoting the rule of law in a country Integrating the construction of a rule of law government and a rule of law society.However,there are still some problems in the application of sentencing suggestions in judicial practice,such as whether there is a collision between the sentencing suggestions proposed by the procuratorial organs and the independent jurisdiction of the court,and whether the sentencing suggestions proposed by the prosecutor to the defendant are reasonable.In addition,the adoption process of sentencing suggestions lacks corresponding legal support and other shortcomings.Therefore,in order to further balance judicial fairness and case handling efficiency,procuratorial organs should propose precise,scientific,legal and reasonable sentencing recommendations.If the current problems are not dealt with in a timely manner,it may lead to the design intention and expected effect of the leniency system for confession and punishment being difficult to achieve.Although the relevant departments have responded to the phenomenon in practice through legislation and the introduction of judicial interpretation and other measures,the application of sentencing suggestions in cases of plea of guilty and leniency of punishment still has no specific relevant regulations to provide basis in some aspects,and its defects in judicial practice still need further consideration and improvement.Firstly,prosecutors should achieve precision and scientificity in proposing sentencing recommendations,taking into account various factors to justify high-quality sentencing recommendations.At the same time,it is necessary to further deepen the concept of precision in sentencing recommendations and keep up with the times.Secondly,the prosecutor of the People’s Procuratorate should not only fully negotiate with the parties involved when handling cases,but also effectively communicate with the court on relevant legal issues such as proposing sentencing recommendations.In addition,the handling personnel of the People’s Procuratorate should not believe that there is a contradiction between the power to propose sentencing recommendations and the court’s judicial power.They should correctly position the relationship between the power to propose sentencing recommendations and the judicial power and accept the concept that the two are compatible.Finally,the application of sentencing suggestions should closely follow the pace of the amendment of the Criminal Procedure Law and its judicial interpretation at the substantive law level,provide legal system guarantee for sentencing suggestions,clarify the leniency range of sentencing,make sentencing suggestions precise and scientific,and make the case parties have general psychological expectations after pleading guilty and accepting punishment,which can not only enable the defendant to better understand the original intention and connotation of the leniency system of pleading guilty and accepting punishment,Moreover,it helps to fully leverage the value of the sentencing recommendation system and demonstrate the degree of perfection of the relevant systems of the Criminal Procedure Law,thereby promoting the development of the leniency system for pleading guilty and sentencing recommendations,and providing legal and theoretical support for handling similar criminal cases in the future.