The Analysis Of The Negotiation Between The Prosecution And Defence In The System Of Leniency For Those Who Plea Guilty And Accept Punishment

The new criminal procedure law have revised and taken in some experience from the study of the system of leniency for those who plea guilty and accept punishment,and take it in as part of the criminal procedure law.While there is still a situation to be solved where the negotiation between the prosecution and the defence hasn't gained enough attention.There is also a lack of clear stipulation about the negotiation between prosecution and the defence in the related files,although in some areas there is a few rules on the system of leniency for those who plea guilty and accept punishment.The differences among areas are obvious on the negotiation of surrender and sentence.There is a possibility and necessity to confirm the negotiation between the prosecution and the defence from the perspectives of related facts,measures to guarantee,and steps to conduct.Then confirm the negotiation between the prosecution and defence sides in the system of leniency for those who plea guilty and accept punishment.The paper will be organized in three parts,apart from the Introduction,Epilogue,and includes about 3000 words.The first part will study the situation of the negotiation between the prosecution and defence sides in the system of leniency for those who plea guilty and accept punishment from the institute and juridical practice.As for the situation of the institute,according to the related files from the central and the local,although there is a tendency that the central has an attitude to avoid the negotiation between the prosecution and defence sides in the system of leniency for those who plea guilty and accept punishment,there are still some detailed measures on how to carry out the negotiation between the prosecution and defense sides in the system of leniency for those who plea guilty and accept punishment.Then there exist the place to discuss the necessity and possibility of the negotiation between the prosecution and defense sides in the system of leniency for those who plea guilty and accept punishment from adaptable range,the contents to negotiate,the use stages to negotiate,the subject,and the right of rescission.From the perspective of juridical practice,the paper will discuss action of confession negotiation,sentence negotiation from different typical cases.The second part will analyse the possibility and necessity to establish the negotiationbetween the prosecution and defense the negotiation between the prosecution and defence in the system of leniency for those who plea guilty and accept punishment.First,the necessity of the negotiation between the prosecution and defense sides in the voluntary surrender or confession is that it does good to help the accused,the defendant to surrender or confess voluntarily,then improve the efficiency of the criminal procedure.There is also a need to typical cases and punishment in time,and a goal to achieve the criminal procedure.The establishment of the negotiation between the prosecution and defence in the system of leniency for those who plea guilty and accept punishment is also a standard of juridical practice,and is beneficial to improve the lighter or mitigated punishment based on voluntary surrender or confession.Second,about the feasibility,the study and experience on the change of juridical practice at home and abroad provide the advantages to the negotiation between the prosecution and defense sides in the voluntary surrender or confession.The third part will go further to study the establishment of the negotiation between the prosecution and defense sides in the voluntary surrender or confession.About the values of the establishment,it would improve the efficiency of juridical practice,obey the criterion,which is based on the fair of juridical guaranteed.The the negotiation between the prosecution and defence in the system of leniency for those who plea guilty and accept punishment could be considered from adaptable objects,the subject,the contents to negotiate,consequences,validity,and the right of rescission.Finally,the effectiveness of lawyer's help,the accuracy of the prosecution's sentencing recommendations and the neutral review of the court should be guaranteed.