Research On Sentencing Negotiation System From The Perspective Of Confession Of Guilt And Lenient Punishment

From the start of the reform of the judicial system in 2014 to the promulgation of the revision of the Criminal Procedure Law in 2018,a consultation system of prosecution and defense with Chinese characteristics has gradually been established in law.That is,in the stage of examination and prosecution,after a criminal suspect or defendant pleads guilty,he or she,with the help of the lawyer or defender on duty,negotiates with the prosecutor on the sentencing range of the case,and the prosecutor puts forward corresponding sentencing suggestions,including suggestions on the main punishment,supplementary punishment,punishment execution methods and applicable trial procedures,which we can call "sentencing negotiation system".The author USES scientific methods to conduct qualitative research on confession sentencing negotiation through literature collection,empirical analysis and historical analysis,and conducts quantitative research on confession sentencing negotiation through telephone interview and comparative analysis.Based on the theoretical research of the system of confession and sentencing consultation in the stage of review and prosecution and the experience of dealing with criminal cases over the years.Consultation during the China review and prosecution phase.There are three parts in the article,the total word number is about 30,000 words.The first part describes the basic theory of confession and sentencing negotiation in the prosecution stage.This paper expounds the concept of plea bargaining,the concept of confessional forgiveness and the relationship between them.The significance of the system of confession and sentencing consultation in the stage of review and prosecution lies in the improvement of litigation efficiency,the simplification of case processing procedures,the simplification of the flow of criminal cases,the optimization of the allocation of judicial resources and the protection of litigation rights.The party analyzed the necessity and feasibility of confession and sentencing negotiation.The second part,taking the case handling in the trial area of plea bargaining and sentencing negotiation as the research object,analyzes the current legislation problems of the system sentencing negotiation in the stage of examination and prosecution.Such as unclear legislative positioning on the highest level of negotiations on measuring the punishment of guilty pleas,formalized negotiations on measuring the punishment of guilty pleas,the surface of legal aid and the broad scope of sentencing.The third part have four suggests.If the principles of legality,voluntarines,fairness and efficiency are observed in the top-level design.To safeguard the rights of the parties involved in a criminal case and to supervise the negotiation process of confession and sentencing;We should change the form of legal aid,improve its remuneration and realize its essence.Formulate unified sentencing menu,implement sentencing incentive mechanism,and formulate sentencing recommendations in detail;Finally,intelligent detection software such as sentencing assistance software is used to facilitate the negotiation of confession and sentencing.