Study On The System Of Plea Negotiation

To alleviate the litigation explosion situation in recent years,make judicial workers from heavy work task,revised in 2018 of the criminal procedure law in our country formally established the confession forfeit from the system.Pleaded guilty to forfeit their system from the core essence of public prosecution organ before the public prosecution,and the accused person on sentencing of negotiations,but based on our country’s traditional functions and powers of litigation mode,didn’t set aside enough space for sentencing consultation,so far our country’s confession forfeit their sentencing consultation system still exists many problems and defects,therefore,it is urgent to perfect the sentencing consultation system in China.Starting from the concept of the system of confession penalty and sentencing consultation,this paper further discusses the legality of the system of confession penalty and sentencing consultation on the basis of clarifying the connotation of the system.Then,from the perspective of comparative study,this paper introduces the foreign system of plea bargaining in the United States,Germany’s criminal negotiation system and special procedure system of Russia to understand the development of similar systems abroad and put forward the development of China’s sentencing consultation system can be used for reference;Then from the perspective of judicial practice,the paper discusses the shortcomings of sentencing consultation system in China,such as the lack of lawyers’ participation,the lack of prosecution power to carry out sentencing consultation,the unclear range of sentencing consultation,the unclear design of sentencing consultation procedure,etc.The last part is the core part of this paper,which puts forward the specific ideas of perfecting the sentencing consultation system in China,such as ensuring that lawyers fully participate in the sentencing consultation system for guilty plea,clarifying the range of sentencing consultation,promoting the prosecution to carry out the measures of sentencing consultation,and clarifying the operation procedure of the system.