The Procedure Construction Of Sentencing Negotiation In The Leniency System Of Admitting Guilt And Accepting Punishment

The leniency system of admitting guilt and accepting punishment has played a pivotal role in improving the efficiency of criminal litigation,resolving social conflicts,and improving the way of judicial assistance.However,from the dynamic consideration of the application of the system,between the behavioral element of the prosecuted person pleading guilty and the outcome element of the judicial leniency,it is urgent to realize the stable connection between the procedural element of sentencing negotiation.Since the leniency system of admitting guilt and accepting punishment has only been implemented for more than three years,it is still in the initial stage of application,and the concept of consultative justice is still shackled.At the legislative level,there is a duplication of the system’s supporting measures,the specific operational process of the prosecution-defense consultation is not clearly defined,resulting in the lack of a stable procedural environment for prosecutor-led consultations in judicial practice.At the same time,as the prosecutors in practice,the system provides for the application of assessment indicators,resulting in the "programmatic" status quo of the prosecutiondefense consultation,which infringes on the rights and interests of the prosecuted.Accordingly,the degree of standardized sentencing consultation needs to be constructed.The current research on sentencing negotiation is mostly based on the pilot experience of the criminal expedited procedure and the theoretical connotation of the plea-bargaining system.Although the theoretical arguments are sufficient,there is insufficient empirical analysis of the construction of the sentencing negotiation procedure and insufficient systematic and logical ideas of the construction of the sentencing negotiation procedure.Based on the above-mentioned problems,this paper focuses on normative analysis,empirical analysis and comparative analysis,explains the positioning of the independent legal procedure and the intrinsic value orientation of the sentencing negotiation procedure,sorts out the legislative status and judicial practice data of the sentencing negotiation,and conducts in-depth analysis of the application rate and the adoption rate of sentencing recommendations nationwide and in some regions,from which the legislative shortcomings and practical risks of the sentencing negotiation are summarized.The paper also draws on the data from overseas jurisdictions.At the same time,this paper also draws on the useful experience of criminal negotiation systems in foreign countries,with a view to applying it to the rational construction of sentencing negotiation procedures in line with China’s national conditions.Through the research of this paper,the procedural construction of sentencing negotiation can be considered from three aspects: first,to distinguish between two modes of negotiation: misdemeanor and felony;second,to delineate the specific negotiation process;and third,to set up a perfect relief mechanism.It is expected that through the regulation of the whole process of sentencing negotiation,the stable application of sentencing negotiation the leniency system for plead guilty and accept punishment can be promoted,reflecting the unity of the values of substantive justice and procedural justice,legal benefit protection and human rights protection,litigation efficiency and judicial assistance in the leniency system of admitting guilt and accepting punishment.