Research On Sentencing Consultation Under The Lenient System Of Confession And Punishment

Under the lenient punishment system with the element of "charge and defense consultation",the judgment of crime and non-crime is not the key of the case,the lenient range of the severity of punishment becomes the key point of the system.In this way,sentencing consultation has become an effective and necessary supplement to the lenient system of confession and punishment.As the development of the consultative judicial system in China,The leniency system of confession and punishment is necessary to learn some reasonable factors from the extraterritorial consultative judicial system.The advantage of extraterritorial consultative judicial system lies in the mandatory defense is adopted to realize the effective participation of lawyers and given victims the right to participate in the negotiation.However,in China,the system of sentencing consultation has not been established in a standardized way,which leads to many problems.For example,in the process of sentencing consultation,the prosecutor is still unable to give the criminal suspect or defendant predictable and accurate sentencing advice.The lack of in-depth participation of lawyers in the sentencing consultation and the current on-duty lawyer system is defective that the balance of power between prosecution and defense cannot be properly solved within a short time.The victim's status as the subject of the litigation in the sentencing consultation is marginalized,and the victim's sentencing opinion was not taken seriously.In view of this kind of case,it is necessary to establish a perfect sentencing consultation system.First,setting up a special sentencing commission to formulate comprehensive and unified sentencing guidelines and building an Internet data platform to push and visualize specific cases.To ensure the comprehensiveness and accuracy of sentencing information collection,the social investigation report system should be implemented comprehensively.Second,the current system of on-duty lawyers should be improved to realize the effective connection between defense lawyers and on-duty lawyers,and ensure lawyers' in-depth participation in sentencing consultation to realize the effectiveness of sentencing defense.Third,introducing the victim impact statement syst em to clarify the subject status of the victim's participation in the sentencing consultation,and learn from the overseas reasonable provisions on the protection of the victim's rights to grant the victim the right to participate in the sentencing and give full consideration to the victim's sentencing opinions.