Research On The Application Of Research On Sentencing Consultation System In Plea Guilty And Punishment Cases

Sentencing negotiation is the central link of the leniency system for guilty pleas and punishment,and it is the institutional bridge between "confession and punishment" and "leniency".In 2018,the "Criminal Procedure Law of the People’s Republic of China" included the system of confession and punishment into the legal category,from the confession system to the leniency system for confession and punishment,which reflects the rule of law in my country’s criminal judicial activities.reflect.The value contained in the sentencing consultation system in the plea guilt and punishment system is diversified,forming multiple value sets such as fair value and efficiency value,substantive value and procedural value,penalty value and human rights value,which conforms to the basic paradigm of the modesty of criminal law.It needs to be reiterated that the sentencing negotiation system in the case of confession and punishment is by no means the elimination of trial centralism,but the optimization of the system construction from the perspective of the reform of the criminal procedure system,which is a benign relationship of mutual corroboration.Sentencing negotiation is a key issue that cannot be avoided in my country’s leniency system for leniency for admitting guilt and accepting punishment.The process of negotiating pleasing guilt revolves around sentencing,and the procuratorial organ’s sentencing recommendation is the core part of the whole process,that is,the procuratorial organ occupies a dominant position.However,from the perspective of the actual operation of the sentencing consultation system,there are practical problems such as vague legislation,mere formalities,difficult recommendations,and lack of detailed procedures,which hinder the actual operation of the sentencing consultation system in plea cases.In the face of these thorny problems,the sentencing consultation system should further strengthen the system design to ensure the effective operation of the leniency system for admitting guilt and accepting punishment in litigation procedures,to improve the efficiency of criminal justice,to realize the systematization of the leniency system for admitting guilt and accepting punishment,and to promote its leniency system.The sentencing consultation system is moving towards a systematic and standardized development.This paper sorts out the relevant provisions of the sentencing negotiation for plead guilty and plead guilty,selects typical cases where the sentencing negoti ation system is applied in the leniency cases of plead guilty and pleads guilty,based on the clarification of legal paradigms,the precision of sentencing recommendations,the substantial participation of duty lawyers,and the diversification of the prote ction of the rights of the parties.Carry out exploration,and make a modest contribution to improving the path of the sentencing consultation system in the case of confession and punishment.