Research On The Procedure Of Negotiation Of Prosecution And Defense In The Lenient System Of Guilty Plea And Punishment

On October 26,2018,the Criminal Procedure Code was amended and the system of lenient admission of guilt and punishment was formally transformed into a clear legal system after discussion,which is beneficial to the improvement of the legal system of criminal procedure in our country and to the improvement of the situation of tight judicial resources.The application of this system is based on the criminal suspects and defendants can take the initiative to admit their crimes and accept criminal punishment,which determines that there must be interaction between them and the judicial organs in the process of confession and punishment.The core element of this system is that the lenient system of confession and punishment contains the spirit of consultation,in which the procedure of prosecution and negotiation is an important link.Prosecution and defense consultation actually means that the procuratorial organ and the defendant side reach an agreement through the form of debate and consultation,so as to realize the lenient litigation mode of the defendant’s active confession and punishment under the encouragement and guidance of the procuratorial organ.Its effective operation can speed up the full implementation of the system on the one hand,ease the shortage of judicial resources,shorten the litigation cycle and improve the efficiency,but also reduce the time and energy consumption of the parties.In the past two years of the pilot process,the prosecution and defense consultation process has gradually deepened and affected the criminal justice practice in our country.At present,there are a lot of academic research on the system,but the detailed discussion on the prosecution and defense consultation process is rare.Based on the problems of lack of independence,process formalization and lack of special judicial review procedure,this paper puts forward the idea of perfecting the procedure,including the basic principles to be followed,the proper subject,the scope of applicable cases,the content and method of consultation,the remedy of rights and the ex post examination of the court.The main point of the thesis is that it is really necessary for our country to perfect the negotiation procedure of prosecution and defense in the system of lenient admission of guilty and punishment.In the face of challenge and dispute,it is of profound significance to realize the modernization of criminal justice system by scientifically and reasonably standardizing the procedure ofprosecution and defense consultation,further perfecting the legal norms of criminal procedure and establishing the procedure system in accordance with the law of development of criminal procedure.