Analysis On The Lenient System Of Pleaded Guilty And Recognized Fine

The suspect, the defendant pleaded guilty to recognize Lenient penalty system means that national legislation throughout all aspects of the judicial proceedings against the guilty penalty cases identified and special provisions to cover the sum of the system and its operating entities norms, procedures, mechanisms and many other aspects of handling cases. In this paper on China's criminal suspects and defendants pleaded guilty recognized fine Lenient regime on the basis of real natural study, from the trial court centrism perspective, the focus from the physical specifications and program optimization approach to improve two aspects of this system will be It described.Paper is divided into four parts, the main contents are as follows:Part I: View and Summary: My plea recognized fine Lenient regime Factual InvestigationThis section first from the physical specifications, configuration, policy-oriented involves three aspects of confession recognized fine Lenient system specifications longitudinal carding content found in physical norms, "the suspect, the defendant pleaded guilty" concept gradually generate highlights, in program configuration presents "suspect, guilty plea" procedure on the basis of diversity of differentiation, in terms of policy-oriented substantive rules and procedures to optimize two-way approach to improve significantly. And running the judicial level, focusing on the plea recognized fine Lenient system and procedures surface of solid surfaces were observed and found that in judicial practice most suspects accused pleaded guilty to the relevant provisions recognize fine Lenient system is only partially understood, and simple procedures exist related to the conversion trial, seriously affecting the litigation efficiency. Finally, according to the above case study from a real natural substance and procedures of the two aspects of Lenient plea recognized fine Problems in the System are summarized.Part II: Comparison and Reference: similar system of extraterritorialIn this part, such as a plea for outside the United States, Britain, France, Germany, Japan and Taiwan of China to recognize the contents of the penalty points system Lenient a brief introduction and comparative summed up similar systems common characteristics: focus on simplification of procedures; emphasize plea voluntary; emphasis on the rights protection; the right to appeal to reasonable restrictions. Then my plea recognized fine Lenient Plea Bargaining System and the United States conducted a simple comparison, put forward a sound system of the plea bargaining system should be to prevent the development of dangerous tendency that is due to excessive pursuit of efficiency at the expense of fair value.Part III: Orientation and Location: guilty recognized fine Perfection Lenient system value function guideThis section analyzes the value of each appeal after the subject of proceedings of courts, procuratorates, public security organs, the defendant, the victim, etc., found that the parties to pursue litigation value of justice and efficiency have considerable consensus, but given the nature of humanity and justice, and many other irrational factors influence the efficiency of justice under the premise of upgrading should become guilty recognized fine Lenient system values, and thus out of the germinal security right, motivation, diversion, interest and other functions v Location system has become the norm and program optimization entity the Kong. At the same time revealed the plea recognized fine Lenient regime generation and development of the concept that is the root cause of the concept of the criminal deed.Part ?: Specification and construction: the plea entity recognized fine Lenient system specification and program optimizationThis section presents a substantive rules perfusion value function correctly oriented and process optimization to improve two-way integration approach has become China's current clemency plea recognized fine sound institutional development of the first choice. Entity norms, efforts to solve the "admission of guilt", "recognized fine," the judicial definition of its legal consequences, discuss plea recognized fine leniency system and confess, surrender and not to prosecute discretionary system relationship and connection, the "confession", "recognize fine" included in the criminal law general principles, and to develop "the suspect, the defendant pleaded guilty recognized fine sentencing guidelines table" in order to reinforce the plea recognized fine system on the basis of substantive law; procedural optimization, in abandoning the current procedures pros and cons of the proposed based on our plea recognized fine leniency system configuration of the overall optimization ideas, to tease out the flowchart and supporting core legal provisions pleaded guilty litigation procedure node, to help construct the system of plea proceedings in the case.