Research On The Sentencing Negotiation System In The Leniency For Pleading Guilty And Punishment

In the cases involving admission of guilt and servicing the sentence,sentencing consultation is a key step as well as the embodiment and implementation of China’s criminal justice policy of leniency and severity.There was no clear provision confirming the system of admission of guilt and servicing the sentence in the Law of Criminal Procedure in China until 2018,therefore,the sentencing consultation therein started relatively late.Sentencing consultation makes the focus on the stage of sentencing shift to the stage of review and prosecution and helps to ease the tit-for-tat situation between the prosecution and the defense in the practice of justice,save the time for handling a case and improve the utilization rate of judicial resources.However,in the current legislative and judicial situation,there is no legislation or supporting programmatic regulations covering the sentencing negotiation system,and there are still some judicial issues,such as the unequal status of the prosecution and the defense,the substantive absence of the role of lawyers,result ing in the incomplete protection of the rights of the parties,the non-standardized and inaccurate sentencing suggestions and the formalization that may exist in court review.In order to better improve the sentencing consultation system and build a platform for sentencing consultation,we shall pay attention to protect the rights of the concerned parties and make up the shortness of lack of the role of lawyers in the system,and at the same time,innovatively apply the internet big data to achieve accuracy of suggestions on sentencing,strengthen various supervision,advance the construction of the judicial environment with good sentencing negotiation,so as to conform to the current trend of "consultative" judicial model development.Efforts shall be made to advance the sentencing consultation system to encourage the criminal suspects with sincere repentance to return to society on the premise of ensuring the sentences on the crimes,realizing playing the role of justice in society while promoting social justice.