Research On The Leniency System Of Guilty Plea

Nowadays the number of criminal cases increased year after year while as the contradiction between more cases and less staff is still sharp.So the NPC authorized a pilot run of the leniency system of guilty plea in 18 cities in order to optimize the allocation of judicial resources and improve litigation efficiency.The leniency system of guilty plea reflects the theory of restorative justice and rational economic man hypothesis,expands and deepens the reform of quick judging procedure of criminal cases.The grass-root procuratorate which the author works in is a dual pilot of quick judging procedure and the leniency system of guilty plea.The innovation point is that the thesis bases on more than two years of pilot practice of quick judging procedure.As a result,the suggestion given in this thesis will be more practical than pure theoretical research.The main part of thesis is divided into five chapters.The first chapter mainly outlines the leniency system of guilty plea.The article elaborates the concept and meaning of guilty plea,recognition of punishment,leniency,and analyzes the core of guilty plea and the relationship between guilty plea and leniency.In chapter two the article points out the concept foundation,theory evidence and value pursuits of the leniency system of guilty plea,which explains the necessity and feasibility of the improvement of leniency system of guilty plea.Chapter three is a foreign investigation and comparison of appropriate leniency system of guilty plea.There is an introduction and comparison within six countries and regions which come from continental law system and the common law system,and from which some inspiration comes out,such as the concept of deliberative justice,diversified procedure,a lighter punishment in entity,universality of lawyers'participation.In the end of this chapter the article explains the reference significance of extraterritorial system to China and gives an opinion that the American plea bargain system cannot be transplanted directly into China.In chapter four there's an introduction of pilot practice of quick judging procedure and some problems.In section one the thesis analyzes the relationship between the leniency system of guilty plea and quick judging procedure.Based on the analysis the thesis introduces the main practice,general situation and stage achievement in pilot practice.In the second section,there are two aspects of problems,both from the pilot run of quick judging procedure and the promotion of the leniency system of guilty plea.Chapter five is some thought and suggestion about the improvement of the leniency system of guilty plea based on the problems mentioned in the previous chapter.The article suggests that legislators should make it clear that the guilty plea should be lenient legally and the motivation of sentence should also be clear in law.The advice in procedure designing is as follows:the procurator don't need to appeal in court in quick judging procedure,putting the commission investigation forward to the investigation stage,the defendant's right of appeal should be limited.On the operation of system,it suggests that duty lawyers' participation needs to be normalized,sentence suggestions should be made precisely and the trial mode should be more standardized.