Study On The System For Imposing Lenient Punishments On Those Pleading Guilty Or Accepting Punishment In Criminal Cases

The fourth Plenary Session of the 18th CPC Central Committee put forward that the reform to improve the system for imposing lenient punishments on those pleading guilty or accepting punishment should be carried out.In October 2016,the system was launched in 18 areas in China,which is the second experimental legislation approach in judicial field with the pilot program of fast-track sentencing procedure being the first one.The aims of this system which has scientific theoretical basis and practical needs are to deal with the new situations in China's criminal justice field and establish scientific and reasonable criminal procedures.Referring to the Measures for Launching the Pilot Program of the system of Leniency system for Criminal Cases in Certain Areas,the thesis discusses the system from the following perspectives:theoretical basis,practical needs,applied fields,standard of proof,lenient range,procedure structure and so on.The specific structure goes as the following:Part I:Theoretical basis and practical needs of the system for imposing lenient punishments on those pleading guilty or accepting punishment.This part points out that theoretical bases of this system are the criminal policy of temper justice with mercy in China which is the embodiment of modern judicial tolerance and procedure diversion theory;practical bases lie in the necessity of cracking the implementation dilemma of the Summary Procedures and fast-track sentencing procedure,the reform of the Trial-Centered Criminal Procedure System and the litigation inefficiency caused by the preset criminal procedure structure.Part II:Applied fields of the system for imposing lenient punishments on those pleading guilty or accepting punishment.This part is concerned with the general range,which includes all the cases dealt with by Courts at all levels,the four exceptions and the differences of the cases handled by the system for imposing lenient punishments on those pleading guilty or accepting punishment including Summary Procedures,the fast-track sentencing procedure and so forth.Part III:Influencing factors for lenient range for the system for imposing lenient punishments on those pleading guilty or accepting punishment.This part mentions the lenient punishment means the measurement of penalty,which is affected by many elements.In judicial practice,the lenient range for the measurement of penalty should be applied scientifically.Present criminal standard of proof should be insisted in the system for imposing lenient punishments on those pleading guilty or accepting punishment.Part ?:Procedure structure for the system for imposing lenient punishments on those pleading guilty or accepting punishment.In this part,the following questions are discussed:Why are the security of the voluntariness of the accused and the effective help of lawyers essential to this system?What are the ways to resolve the above questions?What measures should the organs dealing with the case take to put the system for imposing lenient punishments on those pleading guilty or accepting punishment into practice?...