Author(s)

Luoyi Qi ¹

Affiliation(s)

¹ School of Law, Guilin University of Electronic Technology, Guangxi Zhuang Autonomous Region, China

Corresponding Author

Luoyi Qi

ABSTRACT

Prosecution-defense consultation is fundamental to the Leniency System for Admission of Guilt and Acceptance of Punishment, rooted in cooperative justice and aimed at respecting the accused's status while balancing procedural and substantive justice. Its necessity stems from the need to resolve surging caseloads by shifting from adversarial to cooperative litigation. Despite the system's pilot conclusion, legal provisions on consultation remain unclear. Practical implementation reveals issues like information asymmetry, inconsistent sentencing standards, and procedural ambiguities. Defense counsel often face restricted file access, hindering meaningful negotiation. These problems risk reducing consultation to mere formality. This paper examines these dilemmas and proposes reforms: legislating clear sentencing negotiation rules, mandating evidence disclosure, substantiating legal aid functions, and strengthening judicial review of consultation procedures. These measures aim to ensure equal dialogue and optimize the balance between judicial efficiency and justice.

KEYWORDS

Leniency System on Admission of Guilt and Acceptance of Punishment; Prosecution-Defense Negotiation; Negotiated Justice; Effective Defense

CITE THIS PAPER

Luoyi Qi. Research on Prosecution-Defense Consultation in the Leniency System for Admission of Guilt and Acceptance of Punishment. Science of Law Journal (2026). Vol. 5, No.1, 87-91. DOI: http://dx.doi.org/DOI: 10.23977/law.2026.050113.

REFERENCES

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