The Research On Complete Application Of The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment And The Criminal Reconciliation System

The system of leniency on admission of guilty and acceptance of punishment refers to a system in which a criminal suspect or defendant voluntarily confesses and accepts punishment,giving a lenient treatment in the entity and simplifying processing system in the procedure.Improving the system of plea greater forfeit their deployment is a major reform in the fourth Plenary Session of the 18th CPC Central Committee,in order to realize the value targets:optimizing allocation of judicial resources,implementing the criminal policy of Combining Leniency with severity,and achieving the goal of unification of justice and efficiency at a higher level,etc.However,the system of leniency on admission of guilty and acceptance of punishment is not enough to protect the victim's interests from and the relevant norms and operability are not strong,which will directly affect the realization of the expected effect of reform of the system.The criminal reconciliation system emphasizes that the victim can make up for the loss of the victim through confession,compensation and apology,so as to get the victim's understanding and highlight the subject status of the victim.Therefore,if the system of leniency on admission of guilty and acceptance of punishment can be matched with the criminal reconciliation system,it is beneficial to promote the effect of the reform of the system of leniency on admission of guilty and acceptance of punishment.The system of leniency on admission of guilty and acceptance of punishment is not only related to the system of criminal reconciliation,but also distinguishes with it.The connection of the two is:they are all implementation of the criminal policy of tempering leniency with mercy;they all emphasize the unity of justice and efficiency in the function and value of the system;they all reflects the "negotiation" and"consensus";both of them have both physical and procedural properties.But the difference between the two is also obvious:the scope of application is different;the subject of negotiation and the content of negotiation are different;the key points of the agreement review are different,and the interest protection is different.These connections and differences,to a certain extent,set the foundation for the matching of the two.It is necessary to completely apply the system of leniency on admission of guilty and acceptance of punishment and the criminal reconciliation system,which is conducive to balancing the protection of the interests of suspects,defendants and victims;to promote the voluntariness and authenticity of the guilty plea of criminal suspects or defendants;to improve the efficiency of litigation and facilitate the diversion of cases.The practical legal basis,the basis of criminal policy and the basis of judicial practice make it feasible to apply the system of leniency on admission of guilty and acceptance of punishment and the criminal reconciliation system.The matching application of the system of leniency on admission of guilty and acceptance of punishment and the criminal reconciliation system is to integrate the two systems into a whole and apply them to eligible criminal cases,so as to determine the leniency of criminal prosecuted according to the applicable results.But the two in the matching process is also faced with some problems at the legal level:the scope of the case are not consistent;the applicable conditions of the decision not to Sue is inconsistent;poor operation entity leniency provisions;and some problems at actual operational level:the mechanism of lawyers' participation is not sound,the matching application rate of the system of leniency on admission of guilty and acceptance of punishment and the criminal reconciliation system is low.To solve these problems,in the aspect of legal norms can expand the scope of criminal reconciliation system,unify conditions of application of non prosecution decision;improve the standard of sentencing of confession and punishment and criminal reconciliation;in the actual operation level can perfect the legal aid system(improve the legal aid funds,improve the government lawyer system,promote the establishment of legal aid lawyers involved in criminal reconciliation cases for the work mechanism),establish greater forfeit supporting system for fixed mechanism,and introduce diversified performance of the method for solving criminal reconciliation agreement.