The Research On The Negotiation Procedure Of Sentencing In The Leniency System Of Guilty Plea And Punishment

Sentencing consultation procedure is the core of the application of the leniency system of guilty plea and punishment,and it is also the key link of the leniency system of guilty plea and punishment to realize procedural justice.At present,the legal provisions on sentencing consultation procedure are ambiguous and lack of specific normative content and operation process.In theory,there are still disputes about the nature and function of the sentencing consultation procedure.Under the background of criminal governance in the new era,the sentencing consultation procedure should be shaped as a case handling mechanism to realize the function of restorative justice and effectively resolve the contradictions between the parties in criminal proceedings.In addition,the sentencing consultation procedure should comply with the requirements of judicial civilization and procedural justice,strengthen the power supply to the prosecuted party,prevent the objectification of the prosecuted person,and ensure the litigation subject status of the prosecuted person.In practice,the procuratorial organ dominates the operation of the sentencing consultation procedure according to its power,which compresses the right space of the accused and his defenders to a certain extent,resulting in the deviation of the sentencing consultation procedure from the track of procedural justice.This is embodied in the asymmetric information of both sides,the difficulty of effective intervention of defense forces,and the lack of practical guarantee for the voluntariness and authenticity of the accused’s procedural participation.In addition,the judicial review procedure plays a decisive role in the sentencing results reached by the sentencing consultation procedure,that is,the effectiveness of the sentencing recommendations,and also directly affects the operation of the sentencing consultation procedure.Looking forward to the future,we should first refine the specific negotiation process of the current sentencing negotiation procedure and standardize the negotiation procedure.In addition,efforts should be made to solve the imbalance of participants’ power caused by the lack of rights of the accused,reduce information inequality and strengthen the intervention of defense forces.In addition,we should properly deal with the problems in the connection between the sentencing consultation procedure and the judicial review procedure in the charge of the judicial organ,adjust the role orientation of judges and prosecutors in the leniency system of guilty plea and punishment,and strengthen the voluntary review of sentencing suggestions by judges.On the basis of voluntariness,authenticity and legitimacy of sentencing suggestions,judges should adopt them in order to stabilize the expectations of all parties in the sentencing consultation procedure and realize the function of the sentencing consultation procedure.