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Title:: Practice Review and Legislative Improvement of the Sentencing Recommendation System in Plea Bargaining Cases

Keywords:: sentencing recommendations; plea leniency; rule of law in criminal procedure; legislative improvement

Abstract:: Since the leniency system for plea bargaining cases was codified into law, significant progress has been made in the work of sentencing recommendations for such cases, with the level of standardization continuously improving. However, due to inadequately formulated rules, insufficient theoretical research, and other practical factors, numerous issues have surfaced in the formation, proposal, review, adoption, and adjustment of sentencing recommendations in plea bargaining cases. In some instances, this has even escalated into sharp conflicts between prosecutors and judges, severely restricting the quality and efficiency of handling plea bargaining cases. Therefore, in the upcoming revisions to the Criminal Procedure Law, the sentencing recommendations for plea bargaining cases should be accurately positioned in terms of their nature and effectiveness. This requires improving the formation mechanism, standardizing the proposal methods, clarifying the medium, and refining the adoption and adjustment mechanisms.