Dilemma and breakthrough:transformation of sentencing negotiation model in cases of pleading guilty and accepting punishment
The establishment of the leniency system for pleading guilty and accepting punishment has recognized the negotiated litigation model with Chinese characteristics to a certain extent.Among them,sentencing negotia-tion is the key basis for achieving the goal of a leniency system for pleading guilty and accepting punishment to calm disputes and separate the complicated and simplified cases.Because China's sentencing negotiation mecha-nism is in an intermediate state,there are problems such as insufficient motivation to start,insufficient participa-tion in the process and uncoordinated results confirmation.There is a risk of insufficient confession and punish-ment and an unbalanced litigation structure.In this regard,we should actively explore ways to transform the sen-tencing negotiation model in three aspects:procedural modification,role positioning and mechanism guarantees,to promote the resolution of sentencing negotiation issues and the improvement of related systems.
leniency system for pleading guilty and accepting punishmentsentencing negotiationsentencing recommendations
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