Study On The Leniency System Guilty Penalty

The system of recognition of punishment and leniency is a new embodiment of the criminal policy of "Leniency to leniency,strict resistance" and "tempering justice with mercy".It is a new requirement to adapt to the increasing number of crimes and the lack of judicial resources.The dual nature of guilty penalty leniency system has substantive law and procedural law,system cannot do without both substantive law and procedural law.This paper from the "confession" and "penalty" and "lenient" concept began to comb,to correctly grasp the connotation of the lenient penalty system recognize guilty,then understand its institutional significance from the value function,finally settled in several important ways to improve the exploration system: To recognize punishment leniency system principle applicable to all the facts are clear and sufficient evidence of the case,do not apply to special cases in doubtful cases and part of mental patients,minors;guilty penalty leniency system throughout the entire program stage in the criminal proceedings investigation,prosecution,trial,and each stage has different procedures the emphasis,advocate the accused earlier pleaded guilty penalty is in favor of leniency;protect the defendants pleaded guilty to the penalty is the most important premise that voluntary confession punishment leniency system operation,public security,procuratorial and judicial organs to perform their rights according to law for the three obligation scope,expand the guarantee of legal aid is effective to help the defendant's lawyer,and makes the rotary program interface the defendant's right to be realized,the guilty penalty procedures are lenient and orderly operation Pay attention to guilty penalty;lenient case victim opinion on the affected by the defendant "lenient",reflecting the legitimacy of penalty guilty recognize leniency system,practice the concept of "restorative justice",reducing the appeal and Retaliatory Crimes,maintaining social stability.