Study on the Sentencing Recommendation System under the Plea Leniency System
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.
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.
Keywords
Guilty plea; Sentencing recommendation; Leniency; Sentencing negotiation
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PDFReferences
[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.
DOI: https://doi.org/10.18282/l-e.v10i2.2268
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