On Legalization Of " Leniency To Confessors"

Pointing at the popular absurd saying "Leniency to confessors and stay in jail until the floor is penetrated, severity to refuses, but go back for the spring festival" in the society, the puzzle of " Detect and solve a case with policy which is hard to be carried out in the judging and implementation" in practice, and the doubt to the policy of "Leniency to confessors, severity to refuses" from the law line and media under the attack of silent right, the article tries to re-set the saying "Leniency to confessors by combining practice and theory, explore the meaning of establishing the law of "Leniency to confessors" in our country, direct the law to stand on reality and realize the best effect of punishing and preventing crimes. There are three parts in the article. The first part states the practical meaning and the proof of law and reason for the legalization of leniency to confessors. At first, from the angle of the relation between confession system and criminal policy to "Leniency to confessors", it's necessary to establish lenient system in law, it's thought that the higher is the degree of social administration with law, the less effect has the policy on judiciary directly. It's the incompatibility of policy contents and law descriptions that causes the difficult judiciary implementation, it's high time to legalize the policy content; secondly, from the relation of lenient system and criminal lawsuit, it's explained that Confession is helpful in raising lawsuit effect, it's the criminal lawsuit system seeking for high effect that decides the " Leniency to confessors" to be lawfulized at the same time, " Should reply truthfully" described in the current criminal lawsuit law is not an obligation in law, but law sponsor of moral obligation, it needs the set measures of " Confession" system to realize the meaning as defined in law. While the same quality and practical meaning of confession and surrendering need to take leniency as a necessary connection and transition of surrendering and meritorious service system in current criminal law to improve the measurement of penalty and realize the just criminal law; at last, from the relation leniency and criminal penalty, it's proved that leniency can help realize prevention of criminal punishment and exert the deterrent function, and it accords with economical principles of criminal law. In the second part, it discusses on the point of denying lawfulization of "Leniency to confession". Pointing at the contradiction of leniency and silent right which can cause guilty assumption and extorting a confession by torture, and that Confession shouldn't ante needn't rise to law system, it's analyzed that negatively keeping silent can't be looked as refusal and to be serious, actively hindering the judiciary in the nations with silent right can be looked as refusal and be serious, Leniency to confessors is more of the set system of judiciary in the nations with silent right; Confession to confession has no definite relationship with quality inference in practice, the practical implementation of unguilty inference is a gradual process, even in the countries where the unguilty-inference is carried out; meanwhile, it insists that not really carrying out the of illegal-proof removal rules is the main reason of such illegal proof-taking phenomena as extorting a confession by torture. To some meaning, Confession to confession is helpful to reduce extortion; so the active meaning of leniency can't be neglected, its lawfullization can help implement and exert active function of judiciary, and the lawfullization of fit settlement of case is the tread requirements of accurate law-making and proper limitation of free ruling right. As a popular phenomena, Confession has been practiced many years in judiciary practice, it should be mature and become lawfulized case in the measurement of penalty. In the third part, it discusses the law-making and judiciary of confession system. It defines the leniency in law as " passivel...