Study On The Leniency System Of Pleading Guilty And Punishment

As an institutionalized practice of consultative justice in China,the current system of lenient admissions of guilt and punishment shows a large gap in the application rate between the review and prosecution stage and the trial stage in terms of the number of applications,and the application is uneven and unbalanced across regions.In terms of the quality of application,it is manifested in the overall high rate of sentencing recommendations and the adoption rate,but low in a small part of the area,low overall appeal rate but the risk of malicious appeal,and the abuse of the right to protest during the exercise.The reason is that the socialist litigation model with Chinese characteristics is greatly influenced by the concept of adversarial justice,and it is prominent at the institutional level,and it lacks systematic consideration at the legislative level.As the core of the system,the negotiation process is affected by traditional judicial concepts and concepts,and cannot be implemented smoothly and effectively.As a result,my country’s consultation mechanism only stays at the formal level,and does not touch the core essence of consultative justice.