论认罪认罚案件量刑建议精准化

随着认罪认罚从宽制度的广泛适用,检察机关不断加大量刑建议精准化改革力度。量刑建议精准化改革在理论与实践两个维度备受争议,其原因在于控辩双方具结活动的形式化、“明显不当”标准的模糊化、检察机关工作内容的复杂化,以及控审机关沟通关系的紧张化。对此,破解之道在于科学地把握量刑建议精准化改革背后的公诉权力变化,以此为前提统筹采取应对策略,包括划定精准刑量刑建议的适用范围、明确精准刑量刑建议的主要标准、推进审前具结活动的实质改造、提升精准刑量刑建议的质量水平、健全量刑建议的调整方案等方面,由此才能真正提升量刑建议精准化改革的实务成效。

On Improving Accurateness of Sentencing Recommendation in the Case with the Accused Pleading Guilty and Accepting Punishment

With the wide application of the system of leniency based on pleading guilty and accepting punishment,the prosecutorial authority has ceaselessly enhanced its efforts in the reform of improving accurateness of sentencing recommendation.Such reform causes disputes in both theoretical and practical dimensions.The reasons include the formalization of the activity of signing an undertaking by the defense in the presence of the prosecution,the fuzziness of the"obviously improper"standard,the complexity of the work content of the prosecutorial authority,and the tension in the communication between the prosecution and the court.In this regard,the solution lies in taking coordinated responses and measures on the premises of scientifically grasping the change of public prosecution power behind the reform of improving accurateness of sentencing recommendation,including delimiting the applicable scope of accurate sentencing recommendation,clarifying the main standards for accurate sentencing recommendation,promoting the substantive transformation of undertaking signing activities before trial,improving the quality of accurate sentencing recommendation,and perfecting the adjustment plan of sentencing recommendation.Only in this way can we effectively improve the practical effect of the reform of promoting accurateness sentencing recommendation.