| China's society is currently in a period of transition,in recent years,criminal cases have been explosive growth,the contradiction of more cases less prominent day.In order to do a good job in the complicated and simple cases diversion,improve the efficiency of handling cases and protect the legitimate rights and interests of the parties,in order to adapt to the trial-centered criminal justice reform needs to make the system of lenient confession and punishment rejuvenated.The lenient system of admission of guilt and punishment can,to a large extent,simplify the litigation procedures,realize the diversion of cases,improve the efficiency of litigation,and pay attention to the maintenance of judicial justice while ensuring judicial efficiency.Therefore,the content of constructing and improving the system of lenient punishment for guilty plea in China is the key content of promoting the reform of "trial-centered" litigation system under the background of China's current criminal justice reform,and also the active exploration of promoting the construction of diversion mechanism of criminal cases.Since the end of the pilot work,the system has shown important procedural value for saving and optimizing judicial resources,improving litigation efficiency,promoting the upgrade and transformation of criminal proceedings and building a trial-centered judicial system.In this paper,the criminal judicial reform under the background of confession forfeit their research mainly from the system is divided into five parts,the first part mainly pleaded guilty to forfeit from an overview of the system,mainly the confession forfeit their connotation and separate from the system,and adescription of the contents of,pleaded guilty to forfeit their related concepts to explain and differentiate from system,focus on implementation and improve the system of plea greater forfeit their practical significance;The second part discusses the legal provisions and application requirements of the lenient punishment system for guilty plea from the existing substantive law and procedural law in China,and systematically studies the provisions and application of the lenient punishment system for guilty plea in the existing legal norms in China.The third part is on the criminal judicial reform under the background of problem of greater confessed forfeit their system in our country,deeply analyzes the system of legal norms about greater forfeit are incomplete specification,voluntary is difficult to determine,and pleaded guilty to forfeit their realistic problems such as no applicable standard is unknown and forfeit pleaded guilty in China from the necessity of the system be perfected;The fourth part is the introduction and analysis of foreign concept connotation and the related system with our country pleaded guilty to forfeit their distinction from system,mainly on American plea bargaining system,Germany's criminal consultation system,the main characteristics of Japan's guilty plea system such as system were introduced,in order to draw more conducive to China's plea forfeit no complete system of beneficial enlightenment;The fifth part is the combination problem of greater confessed forfeit their system in our country and draw lessons from foreign research results on the basis of perfecting our country's confession greater forfeit system are proposed,such as the introduction of compulsory defense system,constructing incentive mechanism,the quantitative criterions for the related standard,protect the legitimate rights and interests of the parties and strengthen supervision system and other measures.In view of the short operation time of this system in China and the insufficient connection between relevant systems and litigation procedures,the author,from the personal point of view,puts forward some reasonable countermeasures for the lenient punishment system of guilty plea from the perspective of entities and procedures.Some of them are feasible,and some still need to be further discussed and studied after the test of time. |
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