Study On The Problems Of Justice Applicable Honest System

the "criminal law amendment (eight)" will "Frank" officially into the criminal legal system of our country, marking China’s legal system to further improve the process of the rule of law, realization and one step, but, in the criminal trial practice, due to the lack of appropriate rules,"Frank" encounter a lot of difficulties in judicial application. As for that, subject to confirmation, the passive to identified, confessing to avoid serious consequences that a controversial space both in practice and theory, has a direct influence on the application of the system. The voluntary surrender system, confessed to the criminal defendant sentencing is always just a small lenient circumstances, the revised criminal law does not clearly defined in applicable to plot in criminal cases the conviction and sentencing to make, the judicial interpretation is not related to the content,"criminal law" sixty-seventh article in practice understand and apply different, resulting in multiple applications with the same legal effect, the consistency of the legal and authoritative, unified understanding, standard application of confession system become an important problem demanding prompt solution. The author tries to study the "criminal law amendment (eight)" published since, frank and judicial and academic theory, gambling all long, looking for the article sixty-seventh of the criminal law applicable path more scientific, from the perspective of the legislative and judicial interpretation was put forward concrete suggestions to improve aid from the white system, in order to improve the the system, evaluation criterion, for judicial personnel disposition honest plot at the same time, to ensure that the penalty according to the crime, and more reasonable to safeguard the legitimate rights of the defendant, and ultimately achieve a win-win save judicial resources and the protection of the human rights.