Research On Sentencing Procedure Under The Leniency Of Pleading Guilty And Penalizing System

The leniency of pleading guilty and penalizing system includes two aspects: entity and procedure.The case of pleading guilty and penalizing leniently in the sense of procedural law should only refer to the accused voluntarily pleading guilty and truthfully confess his own crime.Cases in which there is no objection to the alleged criminal facts and the sentencing recommendation is agreed.The negotiation mechanism introduced by the lenient system of confession and punishment has a certain impact on the previous sentencing model of our country,and the influence of pretrial procedure on the sentencing activities has also been magnified.In the lawsuit,the procedure brought by the prosecution's confession and punishment should be based on the justification of the ordinary procedure,and the justice of the sentencing activity in the case of guilty plea and punishment is difficult to guarantee under the circumstance of the lack of standardization of the sentencing procedure in our country.To regulate the sentencing activities under the lenient system of guilty admission and punishment,we need to establish relatively independent sentencing procedures and establish the rules of sentencing evidence,and through the protection of litigant's rights,standardize sentencing recommendations and other measures to improve the pretrial consultation process and sentencing activities in court,thus ensuring the fairness of the whole sentencing activities.This article takes the sentencing procedure under the lenient system of guilty admission and punishment as the research object,from the perspective of standardizing the sentencing activities to ensure the sentencing justice,Combined with the common problems of sentencing procedure in our country and the special influence of the guilty confession and punishment on sentencing procedure under the lenient system,this paper studies and writes with the methods of theoretical analysis,comparative analysis,combination of practice and so on.It also puts forward some suggestions for improving sentencing procedure under the lenient system of guilty plea and punishment.The article is mainly divided into four parts:The first part is an overview of the leniency system of guilty plea and punishment,combined with the original intention and content of the system reform to interpret the connotation of the system,and clarifies the concept of lenient admission and punishment system in the sense of procedural law.The second part briefly discusses the concept and theories of sentencing procedure,and then analyzes the operation,existing problems and particularity of sentencing procedure under the lenient system of guilty admission and punishment.It also points out the perfect direction of sentencing procedure under the lenient system of guilty plea and punishment;The third part studies the sentencing procedure under the extraterritorial similar system.This paper selects the representative American and German systems in the two major legal systems to discuss,compares and analyzes them,and summarizes their enlightenment to China.The fourth part is from the perspective of solving the problem,on the basis of summarizing the full text.The author puts forward some specific suggestions and measures to perfect the sentencing procedure under the lenient system of guilty admission and punishment in China.