Procuratorial Organ Applicable The System Of Lenient Punishment For The One Who Pleads Guilty And Accepts Punishment

The system of lenient punishment for the one who pleads guilty and accepts punishment refers to a system under which the State judicial organs shall impose lenient punishment for the accused one who admits the criminal act and the name of the crime committed.This system is based on the fact that the accused one pleads guilty and accepts the criminal punishment,and on that basis,further accepts the punishment that should be assumed,then the procuratorial organ will impose lenient punishment,both essentially and procedurally.This system is not a system specifically owned or pioneered by our country.Rather than that,it is a judicial system that has been proved to be successful by judicial practice in foreign countries.Currently,our social economy is in transitional period,the increased social contradictions results in an increased occurrence rate of criminal case.In the meanwhile,the undergoing reform of specified number of judicial staff has caused many of those who originally have the qualification to handle cases lose their qualification,thus can not participate in the handling of criminal cases.For one thing,the number of criminal cases is increasing,while for another thing,the number of staffs handling the cases is decreasing.Under the joint effect of dual factor,it has caused the contradiction(found in procuratorial organs)between number of cases and number of personnel to be more apparent,and this is especially the case for grass-root procuratorial organs.On November 2016,the promulgation of the Measures on the Implementation of Experimental Works related to the Application of the System of Lenient Punishment for Criminal Offenders Who Pleads Guilty and Accepts Punishment in Some Areas marks the formal application of this system in the country's judicial practice.In this paper,the writer will discuss the application of this system by the procuratorial organs in 4 parts while in combination of the work experience the writer has.In Part 1,the writer will give us a general introduction of this system,in which,the writer focuses on the conception,connotation,application and the necessity of establishing this system in discussing this system.The writer holds that only if we have an accurate definition of this system,can we distinguish it from other corresponding systems.Only when we realized the necessity of establishing this system,can we promote the application of this system in judicial practice in a better way.In Part 2,the writer focuses on the systems similar to this system,both at home and abroad.This system is not initially created by judicial practice in China.Similar systemscan be found in foreign countries,be it a country under continental law system or a country under Anglo-American law system,all of which are proved to be successful by judicial practice in the host countries.In our country,similar systems can also be found in existing laws and regulations.By introducing similar systems,both at home and abroad,the writer can find the merits and defects of aforementioned similar systems,and hence,it can provide reference and notes to us when this system is being applied in China.In Part 3,the writer focuses on the effect it has brought to the procuratorial organs that exercise the procuratorial power when this system has been built,as well as on the existing problems when this system is being applied by the procuratorial organs.The effect this system has on the procuratorial power is mainly reflected by its effect on the examination of arrest,the examination of prosecution and the right of supervision.After the application of this system,a number of problems,such as little right of discretion and increased pressure for the handling of cases,are found in the judicial practice of procuratorial organ.It is realized that the existence of problems are considered as the premise for their effective solutions.Only on the basis that we've understood the impact brought by this system and find the existing issues,can we pave the way for the correction of the system.In Part 4,the writer proposes the specific suggestions for the improvement of the application of this system by the procuratorial organ based on the existing problems found when the system is being applied by the procuratorial organs(as it is discussed in the third part of this paper).The writer will elaborate from three aspects,including the right entitlement,legal regulations and the procedural construction,with the aim to make it possible for the procuratorial organ to apply this system more effectively in judicial practice,thus to expect the system to play the role it should have,after the scope of applicable case has been specified,rights has been duly vested to the accused and the victim and the applicable procedures have been constructed.