Research On Procedure Of Sentencing-negotiation In China

The leniency system of confession and punishment is the product of localization reform based on Plea Bargaining System in China.Plea bargaining system originated in the United States,and has become a normal way to solve criminal cases in common law countries.The shortage of judicial resources has become a universal problem faced by all countries,some civil law countries have begun to introduce plea bargaining system and form characteristic criminal justice systems on this basis.In 2016,China launched a pilot work on the leniency system of confession and punishment,and in 2018,the leniency system of confession and punishment was clearly written into the new Criminal Procedure Law.Unfortunately,the new law does not explicitly provide for the negotiation procedure.Consultation between prosecution and defense is an inevitable issue in the implementation of the leniency system of confession and punishment,and is the core of the system.In order to ensure the efficiency and quality of negotiation,it is imperative to establish a negotiation procedure for pleading guilty."Consultation" is the pursuit of efficiency before guaranteeing judicial justice.It not only conforms to the concept of judicial justice and equality of prosecution and defense,but also conforms to the prevention-oriented theory of penalty,and highlights the criminal justice policy of tempering justice with mercy.Establishing the sentencing-negotiation procedure is not only the necessary requirement of perfecting the leniency system of pleading guilty and punishment,but also the inevitable choice of improving the efficiency of litigation and establishing a diversified criminal procedure system,as well as the guarantee of the judicial human rights of the accused.Our existing legal system,the traditional concept of "non-litigation" and contract culture have laid the institutional and cultural foundation for the establishment of sentencing-negotiation procedure.The practice of foreign countries has also provided successful experiences for us.Our country already has a good theoretical basis for establishing the negotiation procedure,although some problems have been exposed in the practice of pilot work.By investigating the judicial practices in the United States,Britain,France,Germany and Italy,the author tries to find out suitable solutions for China.The main body of this paper consists of five parts,the first part is an introduction,mainly introducing the research background,current research situation at home and abroad,research methods,etc.The second part elaborates the theoretical basis of establishing the sentencing-negotiation procedure,including the value basis,necessity and feasibility.The third part is about the exposed problems during the pilot period.The fourth part is the review of the similar system abroad,which includes five representative countries: The United States,Britain,France,Germany and Italy.The fifth part is the suggestion of constructing the sentencing-negotiation procedure in China.