The Frankly System In China’s Criminal Law

Frankly system is stipulated in China’s criminal law is an important penalty discretion system. Correctunderstanding and applicable frankly system, to encourage and guide the criminal confessed step torepentance, turn over a new leaf and save the state judicial cost, optimize the state judicial resources,improve the state judicial efficiency, and to promote the state judicial justice is the significant effect, toachieve the purpose of punishment to prevent crime also has a very important meaning. In recent years,China’s criminal legislation frequent activity, the related criminal laws and regulations also got complementand perfect. Frank to the occasion system, the criminal policy level rise to the law level, and increasingly soperfect.This article from frank overview of the Chinese and foreign candor system fastidious, expounds thesystem and relative system to discrimination, frankly system theory basis, value contains and judicialsignificance, special circumstances that frankly, frankly the further improvement of the system areproposed.This paper, besides introduction and the last word, which can be divided into four most:The first part, frankly system overview. First of all, this part to the Chinese and foreign frankly systemfastidious, analyzes the frankly system in China and the historical evolvement of the problems and change,also briefly describes the history in general foreign frankly system. Second, this part introduces franklysystem and relative system discrimination, including frankly system and service system, to surrendersystem, silent right, plea bargaining system. Will frankly system and surrendered system, observing thecomparative analysis on system, introduces the common and difference between each other they similarplaces; Introduced the silent right, and do focuses on, the right of keeping silence from the concept,analyses its origin and development, problems and change, but also to frankly system and the relationshipbetween the silent right positioning; Introduced the plea bargaining system, and this paper, the research ofthe general situation and it existing dispute, and discusses the frankly system and the relationship of theplea bargaining system. Finally, this part explain the frankly system theory basis, value contain and judicialsignificance. Frankly system theory foundation includes the criminal policy of tempering justice with mercy, punishment in keeping with the basic principle, the three aspects of psychology, and discussesmainly the punishment in keeping with the principle, which discussed the personal risk and theory ofpunishment individualized system of frank influence; The system contains analysis to value, namely theutility value and the value system, and with the utility value primarily discussed; Introduces the system ofjudicial meaning to, and show the frankly system is the embodiment of the criminal policy of temperingjustice with mercy, legalization. This part of the basic theory of frank system has a grasp of the whole, andthe narrative for below laid a solid theoretical basis.The second part, frankly, the concept of established condition and punishment principle. First of all, thispart of the concept of frank, expounds the scholars will be different definitions for frank analysiscomparison, explain each of the definition of the lack of place, the author thinks that the reasonable anddetermine the frankly concept. Second, this part of the establishment of the conditions of frank, expoundsthe concept of from frank is deduced that must be established to also meet three important condition.Finally, this part is the study of frank punishment principle, analyzes the two legislative mode, namely theabsolute and relative principles but from the principle, and some foreign legislation instance to confirm,then introduces the principle of the punishment of the Chinese about frank and its shortcomings.The third part, special circumstances that frankly. This part of the system was established with frankcondition for special circumstances frankly that were introduced, including several sin (with crime andheterogeneous several species sin) frankly, determination, joint crime (prime culprit, being an accomplice,XieCong make, instigator) frankly that, the unit crime frankly, frankly, criminal negligence huge property’sunclear source sin that frankly is analyzed, among them, this paper focuses on the unit crime that frankly inthe process of problems, from the unit crime system basis of frank, and then explain unit crime frankly thecognizance of the elements, different cases unit crime frank acknowledgment and shall not be recognized,and unit crime frank punishment.The fourth part, the improvement of the system of our country frankly. This part of the above tocomprehensively analysis the system on the basis of perfect frankly put forward some Suggestions of thesystem, including from the substantive law and procedural law to make reform added. In the substantivelaw aspects should be paid to publish corresponding judicial explanation, the guidance system in judicialpractice to application; In the procedure, introduced in silent right and plea bargaining system, is frankly system in the substantial law and procedural law realize perfect fit to play its proper role.In short, frankly system is a criminal law with importance and complexity of the penalty discretionsystem, correct understanding and use the system, strengthen the study of the theory of the system tofrankly, in order to frankly system legislation and the judicial practice of development and perfect thesupport.