On "the Policy Of Leniency To Confessors, Severity To Resisters"

For a long time, the policy of Leniency to Confessors,Severity to Resisters has rooted deeply in people's mind as a familiar slogan in the judicial practice of People's Republic of China, and played an important role in fighting and preventing against crime. In recent years, however, with the increasing development of theory of modern criminal precedure, the strength of sense of human rights, and certain deviation in practice thereof, causing the slogan of Leniency to Confessors,Severity to Resisters is suspected and criticised at large, and the study for this policy in theory has being weakened and even might be bandoned. Nevertheless, this paper believe that we should not eliminate those negative influence with simple methods aroused from various problems in practice, we should balance the practical significance and value in a comprehensive role, bring its innate advantege into play, standarlize and systemize the faults from all sides, and eventually rejuvenate the policy. Especially in the current policy of severity with leniency, the remention of the criminal policy of Leniency to Confessors,Severity to Resisters is of more significant theoretical and practical meaning for conducting the activites of criminal precedure.This paper is about 28000 words consisting of three parts apart from the introduction.The introduction of this paper briefly introduced the oringin of the policy of Leniency to Confessors,Severity to Resisters and its important influence on criminal activities of PRC. Summarizing and analyzing various influences on criminal precedure activities by this criminal policy, and three manners --- negativity, abandonment, and supportment for the policy of Leniency to Confessors,Severity to Resisters nowadays, for which the author upholds, and put forwards that the policy should be improved and standarlized in theory and system, and eventually rejuvenated.The first part in this paper presents three influences on criminal precedure of PRC caused by the policy of Leniency to Confessors,Severity to Resisters: 1, violation of doctrine of the presumption of innocence; 2, impairment of the right to defense in action; 3, damage for judicial integrity. The author hold that the various influences thereon are caused from all sides, such as, the misunderstanding to this policy in practice by judicial workers, the inseparableness of conviction and sentence in criminal trial of PRC, and the absence of such specific regulations on the circumstances of leniency to those who confess as the outer judicial environment and factors in the criminal legislation, which influenced the implement of this criminal policy, as a result, all kinds of bias and suspects are emerged. Basically, the very propose of Leniency to Confessors,Severity to Resisters is not unfair.The second part in this paper mainly discusses the significant reality and value of the policy of Leniency to Confessors,Severity to Resisters on criminal judicial activities of PRC in the current society. The author analyzed and revaluated the positive influence on crimninal precedure activities of PRC thereby from three aspects: 1, as a interrogation tafics, the policy can be used to get the key oral confession and evidence so that uncover the case; 2, the policy does not violate the principle of the right to silence emphasized by the theory horizon of criminal precedure, and there is congeniality between both principles basically, and furthermore, the policy of leniency to those who confess effectively supplied the disadvatages of the principle of the right to silence; 3, having the same value idea and chase with such systems as plea bargaining system, Criminal reconciliation system, and the simplifying of criminal trial in the current international criminal judicial process. Therefore, the author consider that the reconfirmation of the criminal policy of Leniency to Confessors,Severity to Resisters is of important significance for conducting the current criminal procedure of PRC.The third part in this paper is the key point, mainly analyzes the means of improving and standardizing the criminal policy of Leniency to Confessors,Severity to Resisters, and make sure the effective implement thereof. The author believe that we must start from the very criminal policy and legal regulations. First of all, we must explicit the clear meaning and inherent logic relationship of Leniency to Confessors,Severity to Resisters in criminal justice, and both sides are interrelated and interdependant. We should retionalize the correlations between criminal policy and criminal law, policy guide the specific legal activities, and law is the natural boundary of policy implement which could not exceed. Meanwhile, we must, in legislation, explicit legal circumstances of leniency to those who confess, improve such systems as discretionary power and sentencing recommendation right of procuratorial organ, and in system, make sure the implementation thereof.