Study On The Leniency System Of Pleading Guilty Or Accepting Punishment

Guilty penalty system is the reform of the judicial reform initiatives from the top designers proposed,is the mechanism matched with the "trial center" and personnel system reform in the period of social transformation,various contradictions aroused,the upward trend of crime,legislative and judicial departments based on upholding righteousness,seek for justice efficiency.Our country's existing and pleaded guilty to the relevant procedures,such as the non prosecution system conditional non prosecution system,simple procedure,quick judicial procedure and criminal reconciliation program is in response to the current number of light punishment cases powerless.Therefore,it is necessary to improve the existing pilot methods based on the practice of pleading guilty and leniency,and the specific path is from two angles:substantive law and procedural law.The entity,one is to make clear that the confession and standard penalty,the accused based on the wise,voluntary,true confession and penalty,qualified for evaluation in the sense of criminal law and penalty is guilty;two penalty and will plead guilty to determine legal lenient circumstances,and according to the accused pleaded guilty and recognition.The penalty stage give leniency with decreasing amplitude.The procedure,one is to endow the accused subject of litigation status,to ensure their enjoyment of the rights and procedural right back;two is to set up the system of discovery of evidence in the review stage;three is the focus of the trial sentencing consultation of the review,to ensure open sentencing;four is the introduction to criminal punishment procedures in based on the set speed cutting process,our country is rich in a plurality of shunt procedures;five is the establishment of invalid defense system,based on the existing legal aid of full coverage,to ensure that the accused get effective defense.Through the above several aspects of the system to improve,in order to establish a suitable for the situation of China's national conditions of confession and punishment leniency system.