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  4. Vol 3, Issue 3, 2024

Research on Accurate Sentencing Recommendations in Plea Bargains of China

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DOI: 10.23977/law.2024.030318 | Downloads: 2 | Views: 133

Author(s)

Wang Linlin 1, Liu Zhaoling 2

Affiliation(s)

1 Law School, Shanghai University, Shanghai, China
2 Law School, Hebei Finance University, Baoding, Hebei, China

Corresponding Author

Liu Zhaoling

ABSTRACT

There has been an intense disagreement between academic and practical circles on accurate sentencing recommendations in the cases of admission of guilty and acceptance of punishment, behind which shows the wide debate over its property, binding force and direction issue. Under the existing legislative framework of the Leniency System on Admission of Guilty and Acceptance of Punishment, consensus should be built on the property and direction of the sentencing recommendations to resolve the disagreement. The sentencing recommendations in the case of guilty plea is based on the "discretion" function alienation of the judicial organ, rather than the transfer of power. To explore the principles applied to fixed penalty and range penalty of sentencing recommendations based on pleaded guilty, shall concern the multiparty negotiability, dynamic and relativity according to the negotiation mechanism and the binding force. To implement the accuracy of the sentencing recommendations based on pleaded guilty, there are dimensions to carry forward, unify the sentencing standards to provide normative guidelines and optimize the pre-sentencing investigation system to provide practical guidance.

KEYWORDS

Accurate Sentencing recommendations; Standardization of Sentencing; pre-sentencing investigation

CITE THIS PAPER

Wang Linlin, Liu Zhaoling, Research on Accurate Sentencing Recommendations in Plea Bargains of China. Science of Law Journal (2024) Vol. 3: 133-142. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030318.

REFERENCES

[1] Chen Guoqing. Several Issues of Sentencing Recommendations[M]. China Journal of Criminal Law, issue 5, 2019; 
[2] Zhou Xin. On the New Development of Procuratorial Power in China[M]. Chinese Social Sciences, No. 8, 2020.
[3] Zhao Heng. On the Dominant Position of Procuratorial Organs in Criminal Proceedings[M]. Politics and Law, No. 1, 2020.
[4] Zhu Xiaoqing. The 'Leading' and 'Center' in the System of Pleading Guilty, Admitting Punishment and Leniency[N]. Procuratorial Daily, June 5, 2019, 3rd Edition.  
[5] Gerard E. Lynch. Screening versus Plea Bargaining: Exactly What Are We Trading off? [M]. Stanford Law Review, Vol. 55, No. 4, 2003.
[6] Wang Xiangchuan. Triple Realistic Dilemma of Procuratorial Leading Theory[M]. Shanghai Law Research, Vol. 2, 2021.
[7] Zhang Jianwei. On the Leading Role of Procuratorial Organs[M]. China Journal of Criminal Law, Issue 6, 2019.
[8] US Dep. Justice, Bur. Justice Stat. 2004. Felony Sentences in State Courts, 2002; Admin. Off. US Courts. 2004. Statistical Tables for the Federal Judiciary, June 30, 2004.Statistical Tables for the Federal Judiciary, June 30, 2004.
[9] Wang Zhaopeng. American Criminal Procedure Law.Beijing: Peking University Press, 2014 edition, P. 677. 
[10] Ju Mingliang. Theory and Practice of German Criminal Punishment Order Procedure[N]. Procuratorial Daily, 3rd Edition, July8, 2020.
[11] Lu Jianping. Leniency in Confession and Punishment from the Perspective of Criminal Policy[M].  Sino Foreign Law, 2017, issue 4.
[12] Yang Xiande.Overseas Enlightenment from the Accuracy of the Pproposal for Lenient Sentencing in Confession and Punishment [N]. Procuratorial Daily, July 16, 2019, 3rd Edition.
[13] Tang Li.On the Theoretical Basis of Deliberative Justice[M]. Modern Law, 2008, Issue 6.
[14] Wu Zongxian.Review of Restorative Justice[M]. Journal of Jiangsu Public Security College, No. 3, 2002.
[15] Xiong Qiuhong. Suggestions on Sentencing in the System of Confession and Leniency[M]. Chinese and Foreign Law, 2020, Issue 5.
[16] Liu Xianquan, Lin Yujia. How to Realize Scientific Sentencing in the Lenient System of Confession and Punishment[N]. Procuratorial Daily on June 19, 2019, 3rd Edition.
[17] Richard L. Lippke, Retributivism and Plea Bargaining[M], Criminal Justice Ethics, Vol. 25,No. 4,2006.
[18] Dong Kun. Accuracy of Sentencing Recommendations and Court Adoption in Cases of Admission on Guilty and Acceptance of Punishment[M]. Journal of the National Academy of Supervisors, No. 3, 2020. 
[19] Yan Zhaohua. On the Restrictive Power of Sentencing Recommendations in Cases of Confession of Guilt and Punishment [M]. China Journal of Criminal Law, No. 1, 2020. 
[20] Zhao Heng. Theoretical Perspective on the Accuracy of Sentencing Recommendations [M]. Legal System and Social Sevelopment, Issue 2, 2020.
[21] Lin Xifen. On the Normative Structure and Mode of Sentencing Suggestion System - from the Criminal Procedure Law to the Guiding Opinions[M]. China Journal of Criminal Law, No. 1, 2020.
[22] See [UK] anthonyduff, translated by wangzhiyuan, Liu Guanming and Jiang Panpan.Punishment, Communication and Community. Beijing: China University of Political Science and Law Press, 2018 edition, P. 129. 
[23] Liu Weiqi, Liu Renwen. Step-by-step Lenient Sentencing: Confession and Punishment in Different Litigation Stages [M]. Academic Forum, 2019, Issue 6.
[24] See Lawrence R. Jacobs, et al, Talking Together: Public Deliberation and Political Participation in American, University of Chicago Press (2009), pp13-14.
[25] Chen Lan. Sentencing Suggestion System in Western Countries and its Comparison[M]. Law Review, 2008, Issue 1.
[26] Feng Weiguo. On the Sentencing Investigation System and its Construction in China[M]. Tianjin Binhai Law Journal 2015.
[27] Chen Ruihua. On the Investigation of Sentencing Information[M]. Jurist, 2010, Issue 2.
[28] Zhu Wei, Guilin. Improving the Quality of Sentencing Recommendations Depends on the Establishment of a 'Supporting' Mechanism [N]. Procuratorial daily, June 18, 2019, 3rd Edition.

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