The Research Of Improvements On Negotiation Procedures In The Lenient System Of Pleaded Guilty And Recognized Fine

October 26,2018,‘Decision on amending <PRC Criminal Procedure Law> ‘ passed in the 13 th National People's Congress Standing Committee,the lenient system of pleaded guilty and recognized fine became one of the main contents of the revision of the criminal procedure law.This reform work is based on ‘pleaded guilty',connected with‘accept punishment',and achieved judicial discretion of ‘lenient punishment',after four years of continuous absorption of reform pilot results,and experimental legislation has been made in the field of criminal justice finally.The establishment of this system effectively responded to the increasingly arduous situation of criminal cases in China,improved the case simplification and diversion mechanism,and it has also improved judicial efficiency.However,there still has many lack of norms in the revision of the new law,which is applicable in the system of pleaded guilty to negotiate procedure,and specific operating specifications still have a wide interpretation space,and absorb too many existing regulations but lack innovation.Therefore,in order to better practice the lenient system of pleaded guilty and recognized fine,perfect running the program of pleaded guilty to negotiate procedure,we should conduct a deeper exploration and research on the interpretation work in judicial practice,which based on preliminary legislative norms.Through the introduction of reform legislation of the lenient system of pleaded guilty and recognized fine,this paper summarized the practical experience in the pilot work,found that the standard of confession,accept punishment and proofs are not clear in the process of pleaded guilty of negotiate procedure;subject,content,inspection conditions of pleaded guilty to negotiate procedure are not clear;safeguard measures of negotiation procedure are not sound;and differences between the old and new judicial philosophy,and many other issues.Hence do further research on outside the system of related experience,analyze specific factors that restrict judicial practice of pleaded guilty to negotiate procedure at this stage,mainly determine the scope of the case from the case entity,understand and rationally apply ‘pleaded guilty',‘accept punishment',‘lenient punishment',and negotiation subject,content agreement etc.;in the case,the initiation and inspection conditions,linkage and rotation in the program,and the improvement of the guarantee mechanism of the program operation,etc.;And combined with the current Internet technology-led investigation,litigation,and trials,the three agencies are connected to the Internet,and other judicial office mechanisms which based electronic platform;Comprehensive consideration of the diversified system,in-depth hierarchy of sound pleaded guilty of negotiate procedures;Propose a perfect mechanism,which are both entity and program,the protection of the pursued person's rights and multiple mechanisms of criminal proceedings should be taken into account.