Study On Confession

"Lenience with confession" is an important criminal policy of China, which has a profound historical origins and traditional cultural background. This policy plays an active role in cracking down crimes in practice. Meanwhile, there is a paradox in judicial practice that some offenders who confessed their crimes are not treated leniently. Such phenomenon not only violates the modern judicial belief of fairness and justice, but also causes resentment of the criminals and eventually affects the education effect. For these reasons, this article analyzes and draws lessons from the systems such as surrender, right to silence and plea-bargaining. On this basis and under the principle of a legally prescribed punishment for a specified crime, this article tries to re-establish the confession system to meet China's reality. For this purpose, it is hold by this article that as an important element for measurement of penalty, the confession system shall be specifically stipulated by the law and more lenient treatment shall be granted to the offenders who confessed their guilty.