Research On Plea Bargaining System For Lenient Sentencing

In the leniency system of plea bargaining under the policy of rule of law in the new era,sentencing negotiation is an important core link.The criminal justice of sentencing negotiation is reflected in the effective protection of the interests of the prosecuted,the significant improvement of litigation efficiency,and the effective maintenance of procedural justice.Even though the necessity and feasibility of the sentencing negotiation system cannot be ignored,some scholars believe that it is in conflict with the "trial-centered system".Through practical investigation and research,literature analysis and case interpretation,it is found that there are some problems with the sentencing consultation,such as unclear legal norms,the scope of application is not broad enough,the procedural design is not reasonable enough,the sentencing recommendation is not precise enough,the help of duty lawyers is limited,and the protection of the litigation rights of the parties is lacking.Therefore,it is necessary to increase the clear meaning of "consultation" in the Criminal Procedure Law.The content of the sentencing negotiation should also include the negotiation of charges and the number of crimes.To solve the current problem,we need to fully respect the status of duty lawyers in the sentencing consultation and clarify the duties of duty lawyers.Summarize the relevant experience of overseas legislation and jurisprudence,combine it with the domestic judicial environment and actual situation,and put forward the amendment proposal in a scientific and rational manner.At the same time,the voluntariness of the pursued person’s guilty plea is guaranteed.Based on the analysis of extraterritorial experience,we study the extraterritorial jurisprudence,refine and summarize the methods of explaining and reasoning in them,reflect as accurately as possible the sentencing process and the determined consultation range in the adjudication documents,and also study the supervision measures,and strive to build various platforms with Chinese characteristics.In addition,constructive measures to improve the relevant system are proposed,and it is made clear that the prosecutor’s office relies on accurate sentencing recommendations in order to respond to sentencing negotiation cases,and efforts are made to provide judges with space for independent trials and help them narrow the range of penalty options.Linking the Internet with the law,using technology to create an artificial intelligence sentencing recommendation calculator,and establishing a database of plea cases and a guidance system for sentencing negotiation cases.Create a complaint system for victims and their families,and set up opinion boards on social media and mass media to expand the scope of victim and social media oversight of sentencing negotiations.We will make multiple entities work together to develop a sentencing negotiation system based on our "plea system".