On The Procedure Of Sentencing Consultation In The Leniency System Of Pleading Guilty And Punishment

In the system of leniency for guilty plea and punishment acceptance,the prosecutor and the defender negotiate around leniency for sentencing,which embodies the development of consultative justice.At present,the standard operating mechanism of sentencing consultation in China is not perfect,the legitimacy status is not established,and the consultation is not thorough and sufficient.Therefore,to explore the establishment of standardized sentencing consultation procedures will be conducive to our system of plea of guilty and punishment leniency benign development.The construction of sentencing consultation procedure shall at least meet the following two aspects: on the one hand,the construction of procedure will not affect the improvement of litigation efficiency,and will not significantly reduce the application rate of the system of leniency for guilty pleas and punishment acceptance;on the other hand,it can enhance the voluntariness of the prosecuted and reduce the appeal rate.In order to achieve the above requirements,we can explore the establishment of sentencing negotiation procedures on the basis of the reserved procedures for hearing opinions.Specifically,the sentencing consultation procedure is positioned as a diversion mechanism,and the cases of guilty plea and punishment acceptance are divided into two parts: the cases that have been negotiated and the cases that have not been negotiated,so as to realize the secondary diversion of criminal cases.Through this diversion mechanism can not only effectively improve the efficiency of litigation,but also through the sentencing consultation process to improve the voluntary plea of guilty and punishment.To construct the procedure of sentencing negotiation,this paper is divided into four parts.First of all,through the basic theory of sentencing negotiation,the concept of sentencing negotiation,construction significance and the principle of finiteness are analyzed.The principle of finiteness provides a classification standard for the application of sentencing consultation procedure and hearing procedure.Secondly,further establish the legitimate basis of sentencing negotiation,and make clear the necessity and feasibility of establishing sentencing negotiation procedures.Thirdly,from the static content,this paper discusses the applicable scope and content of sentencing negotiation,and determines the basic norms of sentencing negotiation procedure.Finally,it puts forward the dynamic rules of the procedure of sentencing consultation,which is the concrete procedure design of sentencing consultation.