Research On The System Of Pledge And Punishment In China

With the two-year pilot work of the Speedy Trial Procedure for Criminal Cases coming to an end,the decision made by The Standing Committee of National People's Congress on authorizing the Supreme People's Court and the Supreme People's Procuratorate to carry out the pilot project of leniency for guilty plea system of criminal cases in some areas were put into force on September 4,2016.The leniency for guilty plea system was authorized to try out in pilot areas in 18 cities,including Beijing and Shanghai,stating that the suspect or the defendant who confessed his crime voluntarily and truthfully,had no objection on charges of criminal facts,agreed with the sentenced recommendations of The people's Procuratorate and signed an affidavit,could be handled leniently.At the same time,the decision asked the Supreme Court and the supreme people's procuratorate to developed the pilot measures about the applicable conditions,wide range,handling procedures,standards of evidence,lawyers' participation,etc.The leniency for guilty plea system combine punishment with leniency,and it was conducive to allocate the judicial resources rationally,improve the efficiency of proceedings,relieve the contradictions of "more cases and less people 3 resolve social disputes in a timely manner,reduce litigation exhaustion,and maintain social stability.However,there were a number of problems in the pilot on the leniency for guilty plea system.Based on the analysis above,by drawing lessons from the experiences of Plea Bargain System and Criminal consultation system overseas,we proceed to analyze the current problems of the leniency for guilty plea system detailly,and put forward relevant suggestions in view of China's judicial status.In theory,we should improve the legal norms of leniency for guilty plea system,define the applicable scope of the case specifically,refine the standard of leniency for guilty plea system,consider the victim's opinions when sentencing,and improve the legal aid system.In practice,establish the mechanisms of authentic protecting,and the registration and tracing of cases about leniency for guilty plea system.