On The Negotiation Of The Prosecution And Defense In The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment

The system of leniency on admission of guilty and acceptance of punishment has gained plenty of beneficial research and exploration.However,almost all the existing studies deny the content of the prosecution and defense negotiation in the system.In judicial practice,the existence of negotiation between prosecution and defense is an unavoidable problem,the prosecution and defense negotiation should be treated urgently,and the procedure of prosecution and defense negotiation should be clearly regulated by law.The system of leniency on admission of guilty and acceptance of punishment lacks the content of negotiation between prosecution and defense procedure,which is easy to have the problems such as uncertain litigation categories,unclear contents and standards,lacking procedures,deficient incentives of prosecution and defense negotiation and so on.The negotiation content and procedure of prosecution and defense negotiation should be an indispensable part of the system of leniency on admission of guilty and acceptance of punishment,considering the restrictive factors in our country,the reasonable construction of the prosecution and defense negotiation mechanism is a feasible way to improve the system of leniency on admission of guilty and acceptance of punishment.By confirming legal attribute of prosecution and defense negotiation,establishing prosecution and defense negotiation procedure as well as structuring and consummating matched procedures,it can not only highlight the "negotiation" attribute of the system of leniency on admission of guilty and acceptance of punishment,make it fully play its due effect,but also bring the procedure of negotiation and the protection of the legitimate rights and interests of all parties into the system track.This paper mainly discussed from four aspects: the first part is mainly about the summary of guilty plea and leniency system,analyze the meaning and value orientation of prosecution and defense negotiation,determine the relationship between it and others,demonstrate the necessity and feasibility of establishment,study and reference the useful experience of systems outside the region.The second part mainly sorts out the status quo and problems of the prosecution and defense negotiation in guilty plea and punishment leniency system,make clear the practical dilemma of prosecution and defense negotiation,including ambiguous litigation categories,undefined contents and standards,lacking procedures,deficient incentives.The third part mainly from the shackles of the traditional litigation idea,the inadequate related theory preparation,the current judicial system to analyze the unique restrictive factors in the establishment and operation of the prosecution and defense negotiation mechanism in criminal procedure.The fourth part,on the basis of the analysis of the first three parts,comprehensively considers the existing problems and the constraints of the system context and considers the hidden risks and disadvantages,pertinently put forward the path and countermeasure of establishing prosecution and defense negotiation mechanism,it provides a feasible way for the improvement of guilty plea and leniency system.