Research On The Negotiation Mechanism Of Admitting Guilt,Admitting Punishment,Accusation And Defense

Since 2016,the pilot work of the leniency system for guilty pleas and punishments was officially launched,and the relationship between prosecution and defense began to shift from confrontation to negotiation.This paper selects the negotiation of prosecution and defense,a classic topic in the field of criminal litigation,and hopes to start from the analysis of the negotiation status of the prosecution and defense,combined with the latest reform measures and outstanding problems in practice,to systematically sort out the obstacles to the operation of the negotiation mechanism of prosecution and defense.,to provide practical suggestions for further improving the operation of the prosecution and defense negotiation mechanism under the system of admitting guilt and accepting punishment.In addition to the introduction and conclusion,this paper is divided into five parts.The key part is the analysis of the status of the main body of the prosecution and defense negotiation under the leniency system for confession and punishment.The first part is an overview.It clarifies the origin and legal basis of the negotiation between prosecution and defense;it explains the specific content of the operation of the negotiation mechanism for prosecution and defense in the leniency system for plea guilty and accepting punishment.To clarify the relevant structure and functional positioning of the operation of the prosecution and defense negotiation mechanism,it provides a theoretical foundation for the next research and analysis.The second part is a comparative study of the negotiation between prosecution and defense.It selects the representative systems of the United States,Germany and Italy for comparative research,and proposes to distinguish the nature of cases through system design.At the same time,it also absorbs the reasonable core of plea bargaining,emphasizing that both parties are fully guaranteed While negotiating,give full play to the escort role of the duty lawyer.The third part is the analysis of the position and practice of the prosecution in the negotiation mechanism of prosecution and defense.From the perspective of the prosecution,first of all,the dominant position of the prosecution has been continuously strengthened,which has led to the balance of equality between the prosecution and defense in the prosecution;There are still problems such as the voluntariness of people's confession and punishment,the voluntary negotiation of prosecution and defense has not been effectively guaranteed and so on.The fourth part is the analysis of the position and practice of the defense in the negotiation mechanism of prosecution and defense.From the perspective of the defense,firstly,the defense and duty lawyer did not effectively participate in the negotiation,resulting in differences in the negotiation capabilities of the two parties;secondly,the criminal suspect could not correctly foresee the adverse consequences of admitting guilt and accepting punishment,which would easily lead to the criminal suspect's repentance..The fifth part is the perfection of the negotiation mechanism of confession and punishment.This chapter starts from two aspects of improving the system top-level design of the negotiation mechanism for confession and punishment,prosecution and defense,and related rights protection measures,and puts forward six improvement suggestions.It includes clearly defining the principle of equal consultation between the prosecution and the defense at the legislative level,strengthening the procuratorial organs' interpretation of the sentencing recommendations,and establishing the court's review procedures for the prosecution and defense consultations.