Study On The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment

The system of leniency on admission of guilty and acceptance of punishment means that criminal suspects or defendants can be treated leniently when they confess their crimes voluntarily and honestly,have no objection towards the accused criminal facts,consent to sentencing suggestions of people's procuratorate,and assign the affidavits.The features of this systems consists of the restriction,voluntariness,and scienter in the criminal subjects and the specificity in time.Its theoretical basis includes the pragmatic philosophy and the theory of due process.The admission of guilty and acceptance of punishment requires the suspects or defendants to acknowledge the fact,and be aware of the actual violation to criminal rules and the corresponding punishment;meanwhile,the suspects or defendants should have no objection to the category,the extent for measurement and the execution of punishment related to the criminal penalty suggested by the procuratorate.The leniency demands the trial institutions should select the specific methods of penalties which are lenient and in favor of the defendants.This system is applied to the investigation procedure,the pre-pleading procedure and the court-reviewing procedure.The practical issues embodies the insufficiency of procedural rules,the inconsistency in standards,the lack of appropriate system of defense,and the information asymmetry between Prosecution and Defense.We need to improve the system by reforming the initiating subject of the procedure and the pre-trial procedures,by establishing the compulsory defense system and modifying the incentive mechanism in measurement of penalty,by bettering the related standards and protecting the litigant's rights,and by reinforcing supervision institutions.