The Study On The Conflict And Coordination Of The Relationship Between Prosecution And Trial In The Case Of Pleading Guilty And Accepting Punishments

the pleading guilty and accepting punishments with Leniency has a significant impact on the structure of the relationship between prosecution and trial in the existing criminal procedure in China.In the case of guilty pleaded and punishments accepted,Although the prosecution and trial sides still need to follow the basic principles of criminal procedure legislation of division of responsibility,cooperation and mutual restraint in the context of trial-centered,the division of authority between the two may have been adjusted.In the horizontal dimension,the relationship between prosecution and trial presents the equilateral confrontation form in the triangle structure,and in the vertical dimension,the procuratorial organ pretrial dominant position.Due to the negative impact of the subjectivity factor in criminal proceedings,the imperfect mechanism for generating consent in sentencing,and the lack of clarity in the design of rules for trial discretion,the relationship between prosecution and trial in judicial practice presents a conflict situation in the application of the leniency system of guilty admission,which is reflected in the conflict of charge selection,the conflict of fact determination and the conflict of sentencing opinions.Based on the sample analysis of 23 cases of conflict between prosecution and trial in the case of guilty admission,it can be found that there are three obvious characteristics in the judicial practice of conflict between prosecution and trial: the judgment reasoning is vague when the judicial organ does not adopt the sentencing proposal,there is a big gap between the sentencing proposal that is not adopted and the sentencing announcement,and the attitude of the procuratorial organ to protest against the case is not clear.The case of pleading guilty and accepting punishments including the risk of power alienation in the relationship between prosecution and trial.In order to ensure the benign interaction of the relationship between prosecution and trial,we should attach importance to the subjectivity factor in criminal proceedings,the prosecution and trial parties should be urged to fully coalesce their consensus by balancing the value goals of efficiency and justice and facing up to the interests of the system.The mechanism for generating sentencing agreement should be improved by reforming the substance of prosecution-defense consultation,regulating the nature and logical application of the system,and constructing procedural rules for determining sentencing recommendations.At the same time,by reconstructing the connotation of the "general shall" in Article 201 of the Criminal Procedure Law,completing the procedures for stating and adjusting sentencing objections,and reshaping the consultative judicial structure to clarify the design of rules for trial discretion.Finally,promote the reform of the system of leniency of the pleading guilty and accepting punishments to further achieve the goal.