On The Problem Of The Pepole Who Have Acknowledged Guilt In Our Criminal Law

Acknowledging guilt, which is the behavior perpetrator acknowledged that oneself already made some kind to have the criminal rotten conduct indicates clearly or shows silently acknowledged stemming from the psychology which repents either admits mistakes.Acknowledging guilt occurs frequently. According to different standard, acknowledging guilt can be carryied on the different classification. First, according to the time, acknowledging guilt can be divided into the acknowledging guilt criming and the acknowledging guilt after the crime. Second, according to the lawsuit succession, acknowledging guilt to be possible to divide into the acknowledging guilt before lawsuit, the acknowledging guilt in lawsuit and the acknowledging guilt after lawsuit. Third, according to reason of acknowledging guilt, acknowledging guilt can be divided into acknowledging guilt initiative and acknowledging guilt passive.Fourth, according to the form, acknowledging guilt may divide into acknowleding guilt with clear instructions to and acknowledging guilt with show silently. Fifth, according to the degree of the perpetrator have acknowledged guilt, acknowledging guilt may be divided into acknowledging guilt thorough and acknowleding guilt not thorough. Different form of acknowledging guilt indicate the perpetrator treated the crime the different manner,and reflected perpetrator's different degree of subjective malignant. Speaking of penalty's assignment and penalty's execution, the different type of acknowledging guilt may have the different appraisal in criminal law and have the different penology implication.Lighter penalty to the pepole who have acknowledged guilt,is refers to giving the person who acknowledged criminal conducts he haved done steming from repents or admits mistakes a relatively relaxe criminal law appraisal and lighgter penalty. The system of lighter penalty to the pepole who have acknowledged guilt has its validity basis, these bases include:The epistemology,the economic, the sociology, the criminal policy,the religious.Criminal law had stipulated the system of lighter penalty to the pepole who have acknowledged guilt. The system of lighter penalty to the pepole who have acknowledged guilt, manifests in the general rule and minute of Criminal law, manifests the system of discretion of punishment and the system of execution. On the determineing guilt system, the criminal law has stipulated the out of crime system and the illegal understanding system. In the discretion of punishment system, the criminal law had stipulated the system of the people who stops violating having lighter penalty, the system of he people who initiative confession to bribe having lighter penalty, the system of the people who the initiative confession introduction bribe having lighter penalty, the system of the people who surrender the lenient system having lighter penalty, the system of the people who to render meritorious service having lighter penalty and so on. On executon, the criminal law had stipulated tohe suspension of sentence, commuting a sentence and the parole system to the person who really has repents. However, these systems are quite scattered, not systematic. There are two reasons for this phonmenon:First, our theory of criminal law have not a unified view to kown the difference of acknowledging guilt.Second, as same essence but he different form of acknowledging guilt, we do not have a unified criminal law evaluation criteria.in the process of resoluting acknowledging guilt degree and obtaining the different criminal law appraisal, we should always follow the following several admonish basically:First, acknowledging guilt in the crime surpass acknowledging guilt after the crime. Second, acknowledging guilt before lawsuit surpass the acknowledging guilt in lawsuit and the acknowledging guilt after lawsuit.The acknowledging guilt in lawsuit surpass the acknowledging guilt after lawsuit. Third, acknowledging guilt initiative surpass and acknowledging guilt passive. Forth,acknowledging guilt thorough surpass acknowleding guilt not thorough. The shortcoming of the present criminal law is:there is not strict discrimination between the acknowledging guilt criming and the acknowledging guilt after the crime, acknowledging guilt initiative and acknowledging guilt passive, acknowledging guilt thorough and acknowleding guilt not thorough. The research of the system of lighter penalty to the pepole who have acknowledged guilt must be carried out,and propose the corresponding measure.