Research On The Procedure Of Guilty And Penalty Plea Leniency

With the development of society and economy, the types of crimes have become increasingly diverse, the number of criminal cases is increasing, our limited judicial resources and the single procedure have been unable to meet the growing needs of the criminal procedure. A simple procedure and criminal procedure has been set up, to some extent, to alleviate the pressure of justice and improve the efficiency of judicial action, but it still can not meet the needs of judicial practice, guilty penalty cases are increasing, combined with China's ongoing trial centered judicial reform, perfecting the penalty that lenient plea the system is becoming more and more important,recognizing the lenient penalty procedure of confession is ahot topic.In the current judicial reform,constructing penalty system should confess lenient emphasis on justice,but also emphasizes the efficiency. We must ensure that the suspect, the defendant pleaded guilty and penalty authenticity and voluntary, apply to different extent of lenient punishment according to different circumstances. Perfect leniency program can recognize the character of penalty guilty drive program diversion,shorten the time of litigation, effective conservation and rational use of judicial resources. At the present stage, China's penalty system has not yet been guilty of lenient punishment construction forming. There are lots of issues of lenient penalty pleaded guilty procedure , we need to further improve the guilty penalty leniency program. Perfect guilty penalty leniency program of Chinese characteristics,firstly we must improve the relevant provisions in the legislation guilty penalty of leniency,secondly further restrict the power of investigation and prosecuting apparatus , prevent the abuse of power. In addition, the refinement of guilty penalty lenient punishment,the judicial organ to exercise reasonable rules, regulate the power, protect the rights of the accused. Finally,in order to achieve more simple procedural,the realization of the crime of confession and punishment cases of fast trial fast knot, orderly allocation of judicial resources and the smooth conduct of judicial activities, it is necessary to limit the right to appeal. To improve judicial efficiency and realize judicial justice,guarantee fair action, promote criminal proceeding.