On The Construction Of The System Of Confession And Punishment In Criminal Procedure

The consummation acknowledges guilt to accept punishment lenient system statement, is faces “the document multi-people are few” the judicial pressure with Our country New Time Judicial organ to be closely linked.Along with our country economy rapid development, social transition period each kind of contradictory stimulation, the criminal offense assumes surges upward the tendency, criminal case processing in the insistence fair just foundation, also set a higher request to the judicial efficiency.Our country existing with acknowledges guilt the related procedure, like the minor attaches the condition not to sue, the simple procedure, the criminal reconciliation procedure, as well as existing with acknowledges guilt to accept punishment the related procedure like experiment site slight criminal case fast to cut the procedure(to hereafter refer to as “fast procedure lightly”), in implemented case numerous Jan to diverge, enhances the judicial efficiency aspect to play truly the very major role, but still could not fundamentally solve our country “the document multi-people were few” the judicial pressure, but acknowledged guilt to accept punishment the case because the case disputed relative small, had the condition to implement the simpler handling method, however, our country specifically has not been clear about at present in the law Acknowledges guilt to accept punishment the case in the entity right and the procedure choice different processing mechanism.Therefore, the present stage further studies our country to acknowledge guilt to accept punishment the lenient system, and establishes a set in our country completely to acknowledge guilt to accept punishment treats leniently the mechanism to be extremely important.The article altogether divides into five chapters, under each chapter divides into various sections to carry on elaborated separately. First chapter elaborated separately acknowledges guilt legal concept which, accepts punishment, as well as acknowledges guilt to accept punishment in the lenient system toacknowledge guilt to accept punishment the implication, analyzed acknowledged guilt with the relations which accepted punishment, and proposed acknowledges guilt two different levels which, accepted punishment, for acknowledged guilt to accept punishment in the lenient procedure to the definition which acknowledged guilt to accept punishment to lay the foundation, simultaneously also caused the article when to which to acknowledge guilt, to accept punishment the different situation carries on the elaboration in the vein is clearer. Second chapter is the consummation acknowledges guilt to accept punishment the lenient system basis, including in the theoretically basis and the practice basis, for the article behind proposed the establishment acknowledged guilt, to accept punishment treats leniently the mechanism to provide the theory and the practice basis.Third chapter is acknowledges guilt to the territory outside, to accept punishment the correlation system comparison test inspection, mainly divided into to the mainland legal system and the British and American legal system acknowledges guilt to accept punishment the system inspection, the mainland legal system mainly inspected Italy, Germany and France, the British and American legal system inspected US and England, through acknowledged guilt by the time to the different legal system on behalf of the country, to accept punishment the system inspection, took its essence, went to its dregs, provided the model for our country’s system construction.Fourth chapter is introduced our country existing with acknowledges guilt, to accept punishment the related system and carries on the analysis to it, found our country existing to acknowledge guilt, to accept punishment the system superiority and the limitation, by the time can in after countermeasure suggest has pointed.Fifth chapter is the article key point, is to consummates our country to acknowledge guilt to accept punishment the system suggestion, suggested mainly divides into six parts, is four sections, first is acknowledges guilt to consult and to accept punishment the consultative system to integrate our country to acknowledge guilt to accept punishment the lenientinstitutional framework; Second section is the introduction acknowledges guilt to accept punishment the lenient system in the entity lenience; Third section is the introduction acknowledges guilt to accept punishment the lenient system in procedure conforming to simplicity; Fourth section is the introduction in acknowledges guilt the question which accepts punishment in the system construction we to have to pay attention.institutional framework; Second section is the introduction acknowledges guilt to accept punishment the lenient system in the entity lenience; Third section is the introduction acknowledges guilt to accept punishment the lenient system in procedure conforming to simplicity; Fourth section is the introduction in acknowledges guilt the question which accepts punishment in the system construction we to have to pay attention.