A Study On The Mechanism Of Prosecution And Defense Negotiation Under The System Of Onfessing Crime,Admitting Punishment And Leniency

The leniency of confession and punishment is an important system design for China to realize the rational allocation of judicial resources and implement the criminal policy of combining punishment with leniency.It is also the most widely used but most controversial system in current judicial practice.The focus of controversy and even criticism is that the existing legal system in China lacks the equal consultation mechanism between prosecution and defense,so that the voluntary nature,authenticity and even legitimacy of the defendant’s confession and punishment are difficult to be effectively guaranteed.Although China’s legislation and judicial interpretation take an evasive attitude towards "negotiation",the application of the accusation and defense negotiation in judicial practice has become an undeniable fact as the core mechanism of the confession and punishment system.The core logic of pleading guilty and punishment is the accusation and defense negotiation.Full negotiation is also an inevitable requirement to ensure voluntariness and authenticity.The accusation and defense negotiation should run through the whole process of pleading guilty and punishment.The lack of the prosecution and defense negotiation mechanism of the leniency system of guilty plea in China is mainly reflected in the unclear negotiation subject and the monopoly advantage of the prosecution(procuratorial organ),resulting in the prominent imbalance between the prosecution and defense;The negotiation mechanism is imperfect and the negotiation procedure is deficient;The supporting mechanism is not sound.In view of this,it is urgent to clarify the negotiation subject,the procuratorial organ to fulfill the objective and impartial obligations,and realize the effective defense of lawyers to achieve the balance between prosecution and defense;Perfect the design of the prosecution and defense negotiation procedure by giving the defense the right to start the negotiation procedure,achieving the accuracy of sentencing recommendations and strengthening the review and supervision of the prosecution and defense negotiation;Establish the evidence disclosure system,improve the lawyer’s duty system,and strengthen the right relief mechanism of the accused,and build the supporting system of prosecution and defense negotiation to build the prosecution and defense negotiation mechanism in China’s leniency system of confession and punishment,so as to realize the optimization of the practical value of the leniency system of confession and punishment.