Study on the Sentencing Recommendation System under the Plea Leniency System

  • Dongping He Anhui University of Finance and Economics
DOI: https://doi.org/10.18282/l-e.v10i2.2268
Keywords: Guilty plea, Sentencing recommendation, Leniency, Sentencing negotiation

Abstract

The most important part under the plea leniency system is the sentencing recommendation system, which as a heirloom culture is controversial but has the necessity and feasibility in judicial practice.The practical application of this emerging system in China has likewise given rise to many problems, such as varying standards of leniency, lack of experience in sentencing recommendations by the procuratorial authorities, and overly formalized participation by duty lawyers in terms of effectiveness, resulting in obstacles for the supervisory authorities in making sentencing recommendations.Therefore, it is necessary for us to study the sentencing recommendation system so as to guarantee the dual realization of the sentencing recommendation system in terms of procedure and substance.

References

[1] Fan Chongyi. On the construction of the leniency procedure of pleading guilty and punishment at the investigation stage [J]. Journal of Henan Police Academy,2021,30(01):11-15.

[2] Ji Shanlei. On the application of the articulation between plea of guilty and confession [J]. Journal of the Party School of the Nanning Municipal Committee of the Communist Party of China,2018,20(05):38-43.

[3] Li Y. Advocacy of the "classification and precision" model of sentencing recommendations for plea cases [J]. Hebei Jurisprudence,2021,39(01):184-200.

Published
2021-09-16
Issue
Vol. 10 No. 2 (2021)

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