Font Size: a A A

Study On The Sentencing Negotiation System Under The System Of Leniency For Guilty Plea

Posted on:2022-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The most important link under the Plea-bargaining system is sentencing negotiation,which is a kind of criminal justice embodiment for the protection of the interests of the prosecuted under the policy of rule of law in the new era.As an imported product,the sentencing negotiation system seems to attract some controversies,which constantly impact on the traditional judicial principles and the simple view of penal justice,but its existence has the necessity and feasibility that cannot be ignored.Through actual investigation and research,literature analysis and case interpretation,it is pointed out that the primary problem of the current sentencing negotiation system is unclear legislative awareness,while the positioning of the substantive content of sentencing negotiation and judicial procedures is unclear and confusing,which subsequently leads to the lack of precision of sentencing recommendations,unclear with the end effect,lack of procedural supervision and other related supporting systems.In order to solve the core problems,drawing on the experience of overseas legislation and jurisprudence,and taking into account China's judicial practice,we propose to amend the law from a scientific and rational point of view,adding the concept of "consultation" to the criminal procedure law,incorporating the consultation on the number of charges and crimes into the content of the expanded sentencing consultation,paying full attention to the status of defense lawyers in the sentencing consultation.At the same time,we should propose a procedural mechanism to convert duty lawyers to defense lawyers,affirm the effectiveness of defense lawyers in pleading not guilty in guilty plea cases.Through extraterritorial empirical research,the sentence interpretation process and the specific negotiation range are shown in the judgment as much as possible by drawing on the interpretation and reasoning of overseas judgments,creating an open and transparent supervision procedure for sentencing negotiation in China by drawing on overseas negotiation and supervision measures,and creating a sentencing negotiation initiation platform,institutional platform,physical platform and information platform with Chinese characteristics.In addition,creative measures should be proposed to improve the system,and it should be made clear that the prosecutors should make precise sentencing recommendations in sentencing negotiation cases,so as to reduce the range of penalty options on the basis of preserving the judges' independent trial space.Using the technical measures of "Internet + law",we will create an artificial intelligence sentencing recommendation calculator,establish a database of plea cases and a case guidance system for sentencing negotiations in Sri Lanka.In the realization of sentencing negotiation supervision to expand the victims and social media as the main body of supervision,it is necessary to establish a system of complaints from victims and their families,the creation of social media and the people's case opinion collection column.Realization of multiple subjects to collaborate to create a sentencing negotiation system under the Plea-bargaining leniency in China.
Keywords/Search Tags:Plea-bargaining system, Sentencing Negotiation, Sentencing recommendation, Innocence defense
PDF Full Text Request
Related items