Research On The Consultative System Of Sentencing For Guilty Plea

In recent years,the number of criminal cases in China continues to go up.Coupled with the reform of the staffing system,the pressure on judicial organs is increasing,and judicial resources are increasingly unable to meet the ever-expanding judicial needs.The fourth plenary session of the 18 th CPC central committee put forward the reform requirement of "improving the system of lenient punishment for guilty plea".In July 2016,measures on authorizing the supreme people's court and supreme people's procuratorate to carry out trials of lenient punishment system for guilty pleas in some regions were adopted.Afterwards,the "two high schools and three ministries" promulgated the "measures on carrying out the pilot work of the lenient punishment system for guilty plea in some regions"(hereinafter referred to as the pilot measures),which is the symbol of the official launch of the reform of the plea bargaining system with Chinese characteristics.On October 26,2018,the sixth session of the standing committee of the 13 th National People's Congress adopted the decision of the standing committee of the National People's Congress on amending the criminal procedure law of the People's Republic of China,marking the formal establishment of the lenient punishment system for guilty plea in China's criminal proceedings.The consultative system of pleading guilty and sentencing is a key part of the lenient punishment system.In essence,the negotiation of pleading guilty and sentencing is a judicial mode in which the subjects of criminal proceedings reach a sentencing agreement acceptable to both parties through negotiation,conversation and negotiation,so as to settle disputes.It can realize the purpose of saving judicial resources and improving litigation efficiency on the basis of ensuring the justice within the limit,and at the same time,it also implements the criminal policy of combining leniency with severity,which is an important mode of "killing two stones with one stone".In the above normative documents,including the provisions in the legislation,although the content of the plea bargaining is slightly involved,there is a lack of detailed provisions in some aspects,or even the absence of a crucial plea bargaining system.The main theme of this study is to contribute to the reform of the lenient punishment system for guilty plea,and to deeply study the connotation,operationstatus and main problems of the system.Through the relevant laws and regulations,practice and existing research results on this issue,to carry out an in-depth study of the plea bargaining system.The study on the construction of this system is conducive to the smooth progress of the reform of the lenient punishment system for guilty plea in China,which plays an important role in alleviating the judicial contradiction of too many people and too few cases and improving the efficiency of litigation.The pilot measures and the 2018 criminal procedure law are deficient in the subjects,the range and standard of sentencing,as well as the effectiveness and relief of sentencing consultation.The lack of legislation leads to the practice of different sentences for the same case,which impairs the seriousness and authority of the reform of leniency in confession and punishment.Based on the existing problems,this paper analyzes the theoretical basis of plea bargaining and sentencing.First,litigation agreement is the legitimate basis of the plea bargaining system;Second,the litigation efficiency is the important foundation of the sentencing consultation system.Thirdly,minimum justice is the basic guarantee of the sentencing consultation system.Finally,the construction of the plea bargaining system accords with the modesty of criminal law.Only by deeply understanding these theoretical bases can we find the essence of the negotiation system and guide the smooth construction of the negotiation system.In the process of putting forward the suggestion of constructing the consultative system of pleading guilty and sentencing,we must put its theoretical basis through the system and provide solid theoretical support for it.Only in this way can the system constructed be flesh-and-blood and can withstand the scrutiny of theory and practice.The last part of the article is also the most important part,aiming at the deficiencies and deficiencies of the provisions of the sentencing consultation system in the legislative level analyzed above.Through empirical research and comparative analysis,this paper puts forward specific Suggestions on the construction of the plea bargaining system for sentencing,in the hope of making a modest contribution to the construction of a set of plea bargaining system with Chinese characteristics,so as to ensure the smooth progress of the plea bargaining system for sentencing leniency.Whether the victim can become the subject of plea bargaining has always been a controversial issue.Through the analysis of the advantages and disadvantages of the victim's participation in the sentencing consultation,the author believes that the victim should participate in the real negotiation process as the subject of the sentencing consultation.The content of the consultation is generally stipulated in the 2018 criminal procedure law,but there is no mention of the range and standard ofsentencing.As for the start of the procedure of plea bargaining and the implementation of the specific procedure,the legislation is vague or even missing,and the opacity of the procedure is bound to lead to the chaotic operation of practice.The theoretical basis should be used throughout the initiation and concrete development of the range,standard and procedure of sentencing,and the specific provisions should be made clear in legislation to provide guidance for practice.Finally,in order to protect the litigant's litigation rights,the effectiveness and relief of sentencing consultation should also be established at the legislative level,so as to make the sentencing consultation system more complete and systematic.The consultative system of pleading guilty and sentencing is the most important part of the content of the reform of pleading guilty and sentencing leniency.