Study On The Application Of The Leniency System Of Pleading Guilty And Pleading Penalty

The system of leniency on admission of guilty and acceptance of punishment is an important part of a new round of judicial reform,aimed at establishing a litigation division program of cases where pleading guilty plea or not,solving the contradiction of many cases with less stuffs, allocating the judicial resources reasonably, saving the cost of justice effectively. At present, the pilot work of the application of the system is carried out in full swing. To finish the work in order and effectively, the specific meaning of "admission of guilty","acceptance of punishment" and "leniency" must be clarified. In addition, on the basis of reference to valuable experience of other countries' and regions' similar system, application rules of the system should be understood thoroughly and the key issues must be attached more importance to.The first part of the article is an overview of the system of leniency on admission of guilty and acceptance of punishment, including clarifying the specific meaning of the system, summarizing its embodiment in the field of criminal substantive law and procedural law, exploring the positive significance of the application of the system.The second part will focus on other countries' and regions' similar systems. By studying these systems, theoretical and practical reference can be provided for our system. In the third part,according to the law and the relevant academic point of view,we can have a full understanding of the application rules of the system about the application stage, the applicable scope of cases and the specific program construction.In the last, some key issues will be discussed, including the standard of proof, the voluntary of guilty plea and accepting punishment,lenient range, the protection of crime victims and the supervision and restriction of power.