Research On The Guarantee Of Sentencing Consultation System

The Criminal Procedure Law,revised in 2018,established the sentencing consultation procedure,that means the offender actively confessed guilt and punished in the investigation stage and the prosecution stage,then they negotiated with the people’s procuratorate with the help of defender or duty lawyers to obtain sentencing preferences by sacrificing certain litigation rights.The application of the sentencing consultation procedure has contributed to alleviating the contradiction between large numbers of cases and few people,maximizing the benefits of litigation,and implementing the policy of combining punishment with leniency.This paper analyzes the system of confession of guilt and punishment and the procedure of sentencing negotiation,combines the problems in the procedure of sentencing negotiation,and summaries the experience,which can be referred to by our country with the investigation of relevant systems in foreign countries and Taiwan.This paper puts forward some suggestions improving sentencing consultation procedures:First of all,the most important part of the sentencing negotiation is sentencing recommendations.At the same time,big data and smart justice should be introduced into the sentencing consultation procedure to improve the accuracy of sentencing recommendations and reduce the workload of case-handling personnel.Secondly,we must also guarantee reasonable remedies for defendants in plea guilty and punished cases.There are two main points: one is to clarify the defendant’s right to repent of pleading guilty and punishing,and the other is to give the defendant a reasonable right of appeal.And then,it is clear that the duty lawyers should provide effective legal assistance to the parties during the negotiation process.Next,to protect the legitimate rights and interests of the victim,the duty lawyers provide legal assistance to the victim,so that the victim has a sufficient understanding of the case information.Finally,the People’s court should review the case after receiving a guilty plea case transferred by the people’s procuratorate.During the review process,the People’s court should distinguish between cases that are tried using the expedited procedure or cases that may be sentenced to a three-year imprisonment or more.Procedural cases can only be subject to formal review,and cases that may be sentenced to three years’ imprisonment or more should be subject to both formal and substantive review.