From the Sentencing Recommendations’ Review and Adoption to See the Pleading Guilty and Accepting Punishment System and the Reform of the Trial-Centered Litigation System

Abstract

The essence of the inherent conflict between the Pleading Guilty and Accepting Punishment system and the Trial-Centered Reform of the Litigation System is the distribution of litigation and trial power, which is reflected in the review and adoption rate of the sentencing recommendations submitted by the procuratorates in cases involving Pleading Guilty and Accepting Punishment. Since the Pleading Guilty and Accepting Punishment system formally came into legal effect, according to the statistics from China’s judicial practice, the adoption rate of sentencing recommendations by the procuratorates is far less than expected, which has led to some questions about the implementation and development of the two systems. Through the three-dimensional analysis of the conflict of powers of prosecution and trial, the author hopes to find a balance between the two values, to build a healthy interaction between prosecution and trial, to improve the rate of adoption of sentencing recommendations, and promote the implementation of the two systems further, so that make every citizen feel the fairness and justice in individual cases.