A Study On The Establishment Of The System Of Confession And Punishment

Improving the plea recognized fine leniency system should follow two main lines: one is justice, the other is efficiency. Justice requires the ensurance of the voluntary and authenticity of the suspect or defendant’s guilty plea. And they will be given lenient punishment to different degrees according to the different stages on which they confess their guilt. Efficiency means that the guilty plea procedure should play a role of simplified shunt, which is beneficial to shortening the time of the whole criminal proceedings procedure and saving judicial resource. Currently, the plea recognized fine leniency system is not fully constructed, which can be attributed to the deficiency of substantive criminal law and the unreasonable design of procedural law. Therefore, to advance the plea recognized fine leniency system, the following two steps should be taken: as to substantive law, clarify that confession should be given lighter or even waive penalties; as to procedure law, constructing the plea recognized fine lenient punishment procedure labeled with Chinese characteristics. The general idea of constructing the plea recognized fine leniency system is to simplify the procedure on the premise of sticking to justice, and as to the accused person who confess their guilt, quick trial and quick ending are needed which is beneficial to the efficient allocation of judicial resources and the well-organized advances of judicial activities. The specific measurements are to build the confirmation process and reshape the simplified procedures. By taking evidence disclosure procedure and denouncement proceeding in the pre-trial phase, the simplified process need to be taken when the accused confess their guilt voluntarily and the cases are with sufficient evidence and clear; defendant negotiation process need to be taken when the accused confess their guilt voluntarily while the facts are not clear and evidence is not enough.