Pleading Guilty And Punishing The Reform And Improvement Of The System

The improvement of the system of plea for leniency and punishment is one of the key requirements of the party's comprehensive judicial reform in the fourth Plenary Session of the 18 th CPC Central Committee.The system of recognition and punishment should be taken advantage of and can be coordinated with the general step of judicial reform.To recognize punishment leniency system concept from "confession" and "penalty" and "lenient" three parts apart interpretation,"guilty" is "guilty lenient penalty" necessary and sufficient conditions,and "penalty" is a sufficient condition.To recognize punishment leniency system reform needs to solve how to construct and coordinate multiple procedure and how to construct the plea bargaining mechanism,how to grasp the "Leniency",how to grasp the case proof standard and how to protect the rights of victims and the accused six big questions.The comparison of the establishment and the pros and cons of the foreign related system of confession and punishment can provide reference for the reform of our country.The guilty penalty leniency system is a collection of the system,its reform should be based on the multi program is the basis of our existing first,but the simple procedure and the existing speed cutting procedures in criminal cases,criminal reconciliation procedure and conditional non prosecution procedure itself in the application of the advantage and disadvantage,in order to adapt to the guilty penalty from the requirements of the reform need to make a change.Perfect the guilty penalty leniency system should first admit any applicable penalty case has pleaded guilty to lenient program opportunities,should encourage investigators to move the focus of building a multi procedure,minor criminal cases in the setting of cohesion and program and set of professional judges;we should improve the prosecution rate of non prosecution and sentencing recommendations in order to clear the content the realization of "Leniency" should be clear;construction of plea bargaining mechanism need to pay attention to the problem,to realize the litigation rights of criminal suspects and defendants security through the protection of lawyers rights;the standard of proof should distinguish between conviction and sentencing cases and avoid "somesentence" situations;timely response to the victim's claims and to strengthen efforts to ensure the reasoning.The suspect,the defendant's compensation in place.