The Perfection Of The Leniency System Of Confession And Punishment In China

With the continuous development of the socialist rule of law,the rule of law in China has become an important guarantee for social stability,long period of stability,therefore,continue to improve and complement the laws and regulations of our country,and promote the construction of the rule of law society is of great significance.Guilty penalty leniency system is the legal system of our country to have the heart of repentance and confession penalty good attitude the criminal law,to ease the treatment taken.The treatment of criminals,which can make the crime person's own crimes bear some responsibility,and give full consideration to the crime person,give it a lenient punishment,which is consistent with the principles of law,in accordance with the law to make The crime personnel be punished,also increased the elements of humanity,the more reasonable treatment of the crime.With the continuous development of society,China's civil judicial protection consciousness strengthens gradually,various types of judicial departments in each year the number of cases and the amount of species also increased,but the number of China's judicial Department staff is relatively small,it is difficult to meet the requirements of the civil judicial process.To improve the system of penalty guilty recognize leniency is in accordance with the status quo of China's current judicial work in the judicial resource,recognize the crime penalty leniency system under the premise of ensuring judicial justice,through to those who pleaded guilty penalty The case by negotiation program,speed cutting procedures,can be classified according to the degree of complexity of the case handling process,which can effectively alleviate China's judicial work pressure,improve the judicial efficiency.But because the guilty penalty leniency system research and the use of a relatively short time,there are still some deficiencies,so according to the status quo of China's judicial work and citizens for the judicial work demand for China guilty penalty leniency system perfect,establish a set of scientific and perfect in our country penalty guilty leniency system.This paper mainly studies the guilty penalty leniency system in the judicial practice in the creation and implementation,is divided into for Six parts.The first part is the introduction of this article.It mainly introduces the research background,research significance,research methods,research innovations.The second part of the concept of punishment leniency system to recognize guilty,pleaded guilty to recognize legal policy basis punishment leniency system,guilty penalty and leniency system of plea bargaining,pleaded guilty to recognize punishment leniency system the necessity of constructing are discussed,thus obtains the guilty penalty leniency system is the inevitable requirement of China's current judicial reform.Is the inevitable choice of spirit of light punishment and social development,is the inevitable result of China's judicial specialization,our country must attach importance to the related work perfect penalty guilty leniency system,improve judicial efficiency.The third part from China's judicial practice case that guilty penalty and our guilty penalty leniency system in the entity specification,in the program configuration,the two main aspects of the policy orientation of the legal requirements of guilty penalty in our current implementation of leniency system in our country,pleaded guilty to recognize punishment leniency system is studied in detail.The fourth part analyzes the guilty penalty leniency system exists in the judicial practice problems,mainly the judicial process is not simple,simple "procedural justice and substantive justice to balance,restrict the investigation and prosecution authorities have always existed,the system of blank problems such as the protection of victims rights.At present,in the judicial practice the whole procedure is not implemented,the "simple",in criminal cases the accused,is still relatively cumbersome,cause the accused tired heavy public security and judicial organs,the pressure is relatively large.Due to the lack of effective legal basis of plea bargaining system,pleaded guilty to the lack of direct legal basis,Wide range is not clear due to procedural justice and substantive justice.And the public security organs to take into account the lack of fit between,in the actual criminal cases,the public security organs often for specific criminal cases,respectively,to conduct the investigation,prosecution and trial,which leads to not in criminal cases the evidence information of each organization,implementation file sharing resources,thereby affecting the cooperation between public security.The fifth part puts forward some effective suggestions on innovation of punishment leniency system in recognition of confession in judicial practice,should pay attention to the diversion work case before trial,the total amount of control cases in trial procedure;and difference adjustment,introduce consultation procedures,improve the speed cutting process,the standard to confirm the actual crime penalty,with clear leniency the results,in order to achieve decreasing pattern differentiation but also the use of simplified procedures;incentive to improve the speed cutting process,applicable rate negotiation procedure and summary procedure,construct and refine the lenient penalty confirmation procedure that pleaded guilty,Jian Yicheng remodeling order,simple procedure and the general provisions of program transformation program.Through these measures go into In order to improve the efficiency and efficiency of China's judicial work,it is also possible to make the legitimate rights and interests of our citizens more fully protected.