The Construction Of Sentencing Neigotiation Procedure In The Leniency System Guilty Penalty

From the 2014 Fourth Plenary Session of the 18 th Party Congress to the completion of the Plenary,Punishment,Disciplinary Pleasure System,and the official launching of pilot projects in 18 cities across the country in 2016,China's plea-bargaining system has gone from being produced to being continuously improved.With the gradual implementation of the reform,the introduction of the sentencing process has become an integral part of this system.Sentencing consultation is the most critical part of the entire system and directly determines the actual effectiveness of the system.However,due to the lack of theoretical and practical experience,there are still many problems in the process of sentencing negotiations in China.For example,the specific rules for the execution of the sentencing agreement are not clear and the supporting measures are not perfect,and it is difficult to ensure its impartiality.The purpose of this article is to absorb the relevant research experience of domestic scholars in the construction of sentencing process in the system of guilty plea and guilty,and to explore in depth the causes and connotations of the program,as well as the current status and existing problems,and to analyze the existence of the process of sentencing negotiation.On the basis of the problem,it draws lessons from the experience of foreign scholars on similar systems,and proposes some ideas for various problems that exist,with a view to constructing a set of penalties consultation mechanism that is consistent with China's judicial practice,so as to ensure the smooth implementation of the lenient punishment system.In order to achieve the above goals,the paper has selected a total of four parts,which are the origin and development of sentencing negotiations in China,the status2 quo and problems of China's sentencing negotiations,the design of procedures for China's sentencing negotiations,and the guarantees and relief measures for China's sentencing process.Among them,the research focus of this article is how to construct the penalties negotiation process that conforms to our country's national conditions in the system of pleading guilty and penalizing.The first part of the article mainly elaborates the background,value,concept and characteristics of the sentencing agreement.From the aspects of theory,policy,and judicial practice,it provides support for the necessity of constructing the sentencing process in China.The second part of the article is mainly to investigate the status quo and problems of China's sentencing negotiations.This article starts with the legal provisions of our country and the status quo of judicial operation,and probes into the problems in the actual operation of sentencing negotiations.Through the analysis of the problems,it lays the foundation for the subsequent program design and safeguard measures.The third part of the article is mainly to propose some concrete procedures for the construction of sentencing agreement.This is also the focus of this article,including the scope of application of the sentencing consultation process,the subject of negotiation,and the specific content of the consultation.Detailed and detailed design of the entire program's operating process,to solve the practical operation of the predicament of no rules.The last part of the article mainly proposes the supporting measures for the operation of the sentencing process in China.The specific supporting measures include: safeguarding the defendant's litigation rights,playing the role of defense lawyers,and revoking and withdrawing the procedures.In the course of the study,the article mainly used three research methods,specifically the investigation method,the comparative analysis method,and the research discussion method.First,investigate research methods.Based on the problem-oriented approach,through prosecutors,judges,lawyers,and scholars,the prosecutors,judges,lawyers,and scholars understand the views of the sentencing process in the plea-bargaining system in China and their opinions and suggestions,laying the foundation for the study of the dissertation and making it perfect.The study is more practical and operational.Second,comparative analysis.Based on the comparative analysis of the theories,legislation,and judicature of the process of sentencing consultation in civil law countries and common law countries,the full absorption of useful experience for them will lay the foundation for the construction of the sentencing process in China.Third,discuss and discuss the evidence.In the process of writing thesis,the instructor isalways invited,and other teachers and classmates in relevant research fields discuss the relevant problems in the paper from time to time to discuss the problems in the paper,so as to better complete the paper and widely absorb the suggestions of all parties,so as to realize the value of the thesis research.The new round of judicial reforms has been carried out in full swing.The construction of the sentencing process in the system of guilty exhortation and punishment has become a top priority.The sentencing process of confession and punishment in the broad system is in the process of practical exploration and improvement.This paper hopes to contribute to the construction of this process through relevant research.