Reviewing And Improving Of The Sentencing Negotiation Mechanism In The Leniency System Of Confession And Punishment Acceptance

With the increasingly prominent contradiction of "too many cases,too few judges" in recent years,improving judicial efficiency has become a practical dilemma that must be resolved as soon as possible.Reformers in our country are promoting a new round of criminal justice system reform,and our country has already built the leniency system of confession and punishment acceptance on the basis of the plea bargaining system.In the meantime,the sentencing negotiation mechanism plays a vital role as the core mechanism for the leniency system of confession and punishment acceptance.As a representative of negotiated justice in our country,the sentencing negotiation mechanism still has many problems that need to be examined and improved.In view of this,we can effectively examined and then provide certain benefits for the improvement of the sentencing negotiation mechanism.The thesis is divided into five sections:The first discusses the cases in Zhejiang Province and the matching system of the sentencing negotiation mechanism explored in some areas.Meanwhile,select the basic data and the matching system for analysis.The second focuses on the problems of the current operation of the sentencing negotiation mechanism.These practical dilemmas can be grouped into four categories,mainly including the suppression of the power of the prosecution,the weakness of the guarantee of the defendant’s rights,the imbalanced participation of the victim,and the lack of standardized operation of the negotiation procedure.These practical dilemmas hinder the effective implementation of the sentencing negotiation mechanism.The third mainly expounds the theoretical basis of the sentencing negotiation mechanism.The rationality and legitimacy of the sentencing negotiation mechanism is demonstrated from three aspects,including the theory of negotiated justice,the theory of litigation subjectivity,and the theory of utilitarian philosophy.The fourth revolves around the extraterritorial institutions with similarities which is investigating from the perspective of comparative law to the negotiation mechanism.This part is carried out from four aspects to provide reference for the improvement of the sentencing negotiation mechanism,including the regulation of the prosecution,the protection of the defendants,the protection of victims’interests,and the norms of negotiation procedure.The fifth part mainly focuses on the practical dilemmas of the current operation of the sentencing negotiation mechanism as pointed out in the first part,and proposes a solution to improve the mechanism in light of the relevant insights derived from the overseas study.The solution includes reshaping the role of the prosecution to standardize the performance,improving the negotiation ability of the defendant with equal arming,ensuring the participation of victims by safeguarding their rights,and standardizing the negotiation procedure with the support of procedure norms.In this way,we can truly built a negotiation mechanism of prosecution and defense suitable for the leniency system of confession and punishment acceptance.