The Prosecution Link Pleaded Guilty To The Application And Improvement Of The Lenient System

The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China(CPC)decided to raise the system of pleading guilty and pleading as an important measure to realize the reform of the judicial system.In the system of pleading guilty plea,the procuratorial organ shall make a decision or make a recommendation on matters such as the charges by the suspect,the lenient,lighter or exonerated punishment,and the application procedure of the case.Compared with the plea of guilty plea,the investigating organ only makes the criminal suspects voluntarily plead guilty to make a statement when the prosecution is sent to the prosecution,and the court mainly examines the legitimacy and accuracy of the plea of guilty plea and its sentencing proposal,and the procuratorial organ Can be said to plead guilty in the case played the most important role.How to better play the prosecution in the plea guilty plea in the role of the system,it will become the key to the effective operation of the system.The first chapter of this article is a basic overview of the system of pleading guilty.This chapter mainly discusses the connotation of the system of pleading guilty plea,the difference between plea guilty plea and plea bargaining system and plea proof procedure,and the value orientation of pleading guards from the system,including improving the litigation effect,To help criminals return to society,to explore the pattern of non-confrontational litigation and optimize the allocation of judicial resources.In the second chapter,the second chapter discusses the influence of the application of leniency system on procuratorial organs.The first is the strengthening of the legal supervision power of the procuratorial organs;the second is the impact on the criminal litigation rights of the procuratorial organs,including the impact on the approval of the right of arrest and the right to examine the prosecution,and the third is the impact on the work of the procuratorial organs,The change in the burden of proof,the advance of the confrontation and the advance of the work center of the prosecution.In the third chapter,the author puts forward the two aspects of the legal system level and the practical problem.The legal system level of the problem,including the criminal suspects rights protection mechanism is not perfect,the suspect pleaded guilty of the legal consequences are not clear,the prosecution sentencing recommendations norms are not perfect,pleaded guilty plea,the effectiveness of the prosecution is unknown and the victim's rights are ignored The The real problem includes the increase of the burden of the procuratorial organs,the false confession of the suspect and the less discretion of the procuratorial organs.In the fourth chapter of this article,the author puts forward the corresponding suggestions on the existence of the system of pleading guilty and the settlement of the real dilemma.The perfection of the legal system includes the construction of the guarantee mechanism of the criminal suspect,the improvement of the standard of the sentencing proposal of the procuratorial organ,the recognition of the validity of the agreement and the protection of the rights of the victim.The solution to the real dilemma includes the reduction of the burden of the procuratorial organs,the review of the false plea of the suspect and the expansion of the discretion of the prosecutor.