On The Judicial Determination Of The Frankness Plot

In judicial practice, and frankly it has been used as discretionary circumstances applicable to all types of cases, although the plot is applicable frankly encourage the implementation of positive perpetrator confessed to the crime, for leniency Temper Justice with Mercy important manifestation of criminal policy, but because it does not increase to legal circumstances, encounter dilemmas in the reality applicable. "Criminal Law Amendment(h)" changed this dilemma, the frank regime formally written into law, it will increase after the surrender terms, this is the first time the frank norms of criminal policy written into legislation, so its liberal plot to rise as a statutory discretion by the leniency episode, which for the judiciary to carry out their respective functions and work of important guiding significance. However, in judicial practice, due to the lack of scientific, standardized, supporting judicial interpretation, some controversial and uncertain place in the presence of frank circumstances applicable in early. In this paper, the existence of judicial practice in the circumstances identified contentious issues frankly the real case, firstly on the evolution and definition of frank confession systems are described, and then the body in many ways, time limit, content, and other forms of analysis of the quarry frank elements of the plot, as well as for difficult problems encountered in the judicial practice put forward their views and proposals to further clarify the circumstances of judicial confession during the contentious issues identified. Personal identification hope superficial understanding and views frankly on issues related to the plot, there is reference to provide reference and help for the judicial practice, the defendant to the penalty of proportionality, and thus more reasonably protect the legitimate interests of the defendant, and ultimately saving justice win resources and protect the rights and interests of the parties.