On the Normative Interpretation and Application of Sentencing Suggestions:Taking 91 Normative Documents as Analysis Samples

The sentencing suggestion is an expression form of the procuratorial organ's right to ask for punishment. The sentencing suggestions can be divided into the sentencing suggestions in the case of pleading guilty and the sentencing suggestions in the case of not pleading guilty. “Lenient system of confession and punishment” and “judicial reform of standardized sentencing” are the key factors to realize the “qualitative leap” in the value and orientation of sentencing suggestions. Since the criminal procedure law has established the leniency system of pleading guilty and punishment, in the cases of applying the leniency procedure of pleading guilty and punishment, the sentencing suggestions show the characteristics of the compulsory proposal, accurate content and the principle that the court should adopt. It is a test of the procuratorial professional ability and the theoretical foundation of penalty discretion for prosecutors to put forward sentencing suggestions and achieve accuracy. The standard application of sentencing recommendations, first of all, from the perspective of macro value, the procuratorial organs need to carry out the concept of lenient judicial reform of confession and punishment from the perspective of the basic principles of penalty discretion, clarify the different value positions of sentencing suggestions in cases of confession and non-confession of punishment;Secondly, at the top-level design level, we need to further supplement and improve the current system of normative legal documents involving sentencing suggestions. Finally, on the level of judicial practice, we need the procuratorial organs to fully communicate and negotiate with other subjects of criminal proceedings, play the auxiliary role of the artificial intelligence judicial system, and improve the supporting mechanism of lenient sentencing suggestions.