Sentencing Negotiation Procedure In The Lenient System Of Pleading Guilty And Penalty

Sentencing negotiation is a judicial practice of solving criminal litigation disputes through prosecution defense cooperation,at present,China has formed a lenient system of pleading guilty and penalty based on the concurrence between prosecution and defendant.Its rationality and legitimacy are based on the interests of prosecution and defense litigation and consultative procedural justice.In criminal procedure law,China has formed a lenient system of pleading guilty and penalty based on the concurrence between prosecution and defendant,and the number of pleading cases has also shown a rapid upward trend in practice.Therefore,the development of lenient practice of pleading guilty and penalty is inseparable from the necessary support of sentencing negotiation procedure.At present,the sentencing negotiation procedure in judicial practice still has the following practical problems: the sentencing negotiation procedure lacks an overall procedural design,and its practice cannot reflect and meet the requirements of "negotiation";The range and standard of sentencing leniency are not clear,which limits the space of negotiation;The effect of duty lawyer’s participation in the case of pleading guilty and penalty is not satisfying;There are deficiencies in the process supervision of the sentencing negotiation.In order to stably and efficiently promote the conduct of the leniency system of pleading guilty and penalty,it is necessary to improve the sentencing negotiation procedure.First of all,we must construct the standardized procedure of the sentencing negotiation from the aspects of general procedure and procedural estoppel.Secondly,we can advance the standardization and balance of sentencing in guilty plea cases and improve the accuracy of sentencing in guilty plea cases by creating unified sentencing norms and other auxiliary sentencing measures.Thirdly,optimize the duty lawyer character,and explore the identity transformation method on the basis of clarifying the positioning of "legal helper".Finally,we should implement the synchronous recording system of sentencing negotiation and strengthen the supervision of the process of sentencing negotiation.