Research On The Dominant Position Of The Procuratorial Organ In The Leniency System Of Plea Guilty And Punishment And Its Realization Path

On October 26,2018,the system of pledging guilt and punishing leniency was formally established as a criminal procedure system.This decision has promoted major changes in the criminal procedure and model in my country,and not only brought prosecution agencies that have been deprived of the power of criminal investigation.New development opportunities have given the procuratorial organs more important responsibilities.This requires prosecutors to clearly understand the role of procuratorial organs in the system,and promote the effective operation of the leniency system by performing statutory functions.The leading role of the procuratorial agency in this system is determined by the procuratorial function.On the one hand,the system of confessing guilt and punishing leniency highlights the procuratorial agency’s functions of reviewing arrests,reviewing prosecutions,and suggesting sentencing;on the other hand,the system of pleading guilty and punishing leniency requires a leniency system.It depends on the procuratorial organs.For example,the operation of the system needs to rely on the review and prosecution links,the substantive value needs the criminal procuratorial function of the procuratorial organs to realize,and the system value needs the procedural diversion function of the procuratorial organs to realize.In addition,the dominance of the procuratorial organs has also had an important impact on the structure of criminal proceedings,but it has not changed the "linear structure" of criminal proceedings,but has made the ties between the litigation subjects closer.The prosecution’s leadership is embodied in two aspects: entity and procedure.The entity leads the "confession",the "confession" and the "sentencing";the procedure leads the launch of the system,the selection of procedures,and the negotiation.Of course,the dominance is also limited.It is necessary to respect the court’s right to intervene in judgment,the right of the victim to raise objections,the right to participate in duty lawyers,and to attach importance to liability restrictions.Since the procuratorial organs applied this system,they have achieved remarkable results,such as a significant increase in the application rate,a gradual increase in the acceptance rate of sentencing recommendations,and a significant increase in the efficiency of litigation.However,in practice,there are still many dilemmas that need to be solved urgently,such as insufficient motivation to initiate the system in terms of procedures,poor negotiation results,different standards for “confession” in substance,and difficulties in sentencing recommendations.The reason behind this is that the prosecutor’s own leading ability is insufficient.For example,the lack of timely transformation of judicial theories and unclear understanding of their own functions hinder the prosecutors’ enthusiasm for applying the system;secondly,confessions and punishment,expedited procedures,Sentencing recommendations and other systems are not perfect;finally,the prosecution and defense consultation mechanism,the on-duty lawyer mechanism and other related mechanisms are not perfect.In view of the above-mentioned dilemmas and reasons,if the procuratorial organ wants to solve the current problems,it must change its judicial concept,and enhance the prosecutor’s leading ability by further improving the prosecutor’s sentencing ability,communication and negotiation ability,etc.;and further improve the "confession" and "conviction".According to the legal provisions of the core concept of "confession and punishment",formulate unified and targeted sentencing guidelines to protect the prosecutor’s sentencing recommendations and expedited procedures;improve related supporting mechanisms,establish a prosecution and defense consultation mechanism,and guarantee consultations from an institutional perspective Improve the system of on-duty lawyers,protect the right of on-duty lawyers to participate and the defendant’s right to fully obtain legal assistance,establish an appraisal mechanism for confession and punishment,and reduce risks.