The Research Of Confession To Punish Leniency System

The confession and punishment system is the main content of the new round of judicial reform.Since 2016,the guilty plea has been carried out for a two-year pilot project in 18 cities across the country.The confession of confession and punishment is not a completely new system.The confession of confession and punishment is a"simplification" rather than a "construction".There are two main purposes for pleading guilty to pleading guilty to the reform of the system:one is to achieve the easing of the penalty under the premise of fairness and justice;the other is to improve the efficiency of litigation through the process of simplification and diversion.The essence of pleading guilty from the lenient system is to reduce the confrontation between the prosecution and the defense on conviction,to achieve simplification of the procedure and the wide cooperation of sentencing.The confession of confession and punishment has broken through the tension between the various litigation subjects in the traditional litigation process,which will inevitably bring about new changes and new effects of criminal litigation.This thesis takes the confession and punishment as the research object,and uses the systematic research method,the value analysis method,the comparative research method and the empirical research method to explain the concept category of confession and punishment,the theoretical basis of the confession and punishment,and the theoretical basis of the lenient system.Drawing on the legislative experience of countries outside the country,reflecting on the problems existing in the current system of confession and punishment,and exploring the pilot model of confession and punishment,it provides a useful reference for the improvement of confession and punishment.The Confession to Punish Leniency System can be decomposed into three elements:"confessing ","recognition" and "wide" from the broad system.To accurately understand the meaning of the Confession to Punish Leniency System,we must gradually explain the meaning of these three elements,and then demonstrate the internal relationship of these three elements,and finally put forward the concept of confession and punishment.The Confession to Punish Leniency System has the substantive and procedural nature,and its substantiveity and procedural nature can be interpreted from the literal meanings of "confessing guilt","recognition and punishment" and "widening".The emergence of The Confession to Punish Leniency System is not a one-time slogan,but is accumulated from the long history of thought.The Confession to Punish Leniency System is substantive and procedural,and its legitimacy is inseparable from the theoretical basis of substantive law and procedural law.The theory of personal danger,the theory of penalty and the theory of penalty benefit constitute the basis of the substantive law of the Confession to Punish Leniency System.The punishment for pleading guilty is punishable by the prosecutor.On the one hand,it reflects the tolerance and kindness of punishment;on the other hand,the lenient punishment is not arbitrary,but must be sufficient to meet the needs of crime prevention.The principle of program subjectivity,the concept of negotiating justice,and the concept of restorative justice constitute the basis of the procedural law of the Confession to Punish Leniency System.As the subject of litigation,the respondent shall have the right to decide the process and direction of the procedure.The choice of pleading guilty from the value of the broad system also reflects the nature of the combination of entity and procedure,and maximizes the efficiency of the procedure based on the fair bottom line of the entity.The perfection of the Confession to Punish Leniency System cannot be separated from the successful experience of extraterritorial use,the extraterritorial state will be the guilty confession of the accused,known as guilty pleading,and the extraterritorial guilty pleading can cause the entity to deal with the lenient from the lenient procedure.On the entity side,the guilty plea is completed from a wide plea bargain,and the plea bargaining as a procedural system solves the entity problem.According to the content of the wide transaction,it can be divided into conviction and sentencing,conviction,lenient and sentencing.Three modes are wide.In terms of procedures,depending on the nature of the case and the attitude of both parties,the guilty pleading can be simplified by pre-trial procedures,simplified trial procedures and criminal reconciliation procedures.Through the comparison of lenient defenses outside the domain,it provides a reference for China.After pleading guilty and punishing the lenient system as a part of judicial reform,it has developed rapidly in the legislative and pilot fields.In terms of legislation,the state organs promulgated national legislative documents,which provided a legal basis for the operation of confession and punishment,and the various pilot cities issued various local legislative documents under the guidance of national legislative documents.It enhances the operability of pleading guilty from the wide system in practice.During the two years of pleading guilty to the lenient system,some cities have formed a characteristic model based on the actual situation.This paper selects the Hangzhou model,Xi'an model and Zhengzhou model as samples,and analyzes the pilot models to make achievements in speeding up the process,refining the sentencing,strengthening the lawyer's defense,and achieving good results in practice.With the continuous operation of the pilot work,pleading guilty has exposed many problems from the wide system.For example,the contradiction of human cases still exists,the formalization of confession is widespread,the criminal reconciliation is not effective,and the sentencing is wide and chaotic.After analysis,it was mainly caused by the pre-trial confession and punishment,the weak system,the lack of establishment of the negotiation and negotiation system,the unclear regulation of the trial simplified procedure,the flaws in the criminal reconciliation system,and the lack of a unified sentencing mechanism.Through the combing of the problems of pleading guilty and the analysis of the causes of the lenient system,the confession of confession is paved the way for the improvement of the lenient system.The Confession to Punish Leniency System must be established in a legislative manner after completing the pilot work.On the general idea of perfecting legislation,through the comparison of special procedures and basic principles,the Confession to Punish Leniency System is legislated in a way that is more appropriate to choose basic principles in a broader system.The framework structure has been reshaped in terms of scope of application,applicable stage,litigation structure,and certification standards.In the specific improvement,the entity from the wide path is perfected from the setting of the confession assessment mechanism and the precise sentencing from the broad level;the simplification path of the procedure has been improved from the pre-trial simplification system,the prosecution and defense negotiation system,the trial simplification procedure,and the criminal reconciliation procedure;and from the aspects of preventive guarantee,relief guarantee and professional disciplinary measures,the guarantee mechanism of confession and punishment is widened.