Research On The Negotiation System Of Sentencing From The Perspective Of Leniency

The leniency of confession and punishment system is an innovative exploration of the criminal procedure mode in China,and an important content of the current judicial system reform centered on trial.It aims to alleviate the tension of resource distribution under the current situation of more cases and less people,and the balance between the fair value and efficiency value.As the core of the leniency of confession and punishment system,sentencing consultation takes into account the entity value And procedural value is of great significance to give full play to the system and realize the transformation and upgrading of the judicial system.After the first exploration of the quick adjudication procedure,the replication and promotion of 18 cities,and the four-year experience of the reform pilot,the 2018 amendment of the criminal procedure law confirmed the experimental results,officially established the system of leniency of confession and punishment in legislation,and became a comprehensive legal system integrating procedures and entities in China.In October 2019,the two senior three ministries summarized the pilot experience and jointly issued the guiding opinions on the application of leniency system of confession and punishment(hereinafter referred to as the Guiding Opinions).As a complaint and defense consultation mechanism with Chinese characteristics,sentencing consultation has shifted the focus of criminal cases in China to the review and prosecution,and the functions of investigating and prosecuting apparatus have shifted from criminal prosecution to complaint and defense consultation The confession and punishment of the person and the defendant is an important prerequisite for the start of the mechanism,and their parties' status tends to be substantive.In the current new trend,how to coordinate the relationship between the public prosecution and the legal organs in the process of sentencing consultation,make an accurate interpretation of the functions of the three parties under the new system,protect the defense right of the defendant,and formulate the relief mechanism and supporting measures after pleading guilty and punishment has become the focus of exploring the sentencing consultation mechanism with Chinese characteristics.