Research On The Judicial Role In The Leniency System Of Guilty Plea

The leniency system of guilty plea is the institutionalization and systematization of the criminal policy of "Temper Justice with Mercy" in China.It is an important measure of judicial reform,which has the dual value of entity and procedure.In the entity,it is conducive to promoting the defendant truthfully confessed with the judiciary investigation.In the process,it can simplify the proceedings and reasonably deploy the judicial resources.As a system that is still being explored,there are so many aspects to be perfected in judicial practice.The system is designed to encourage the defendant to plead guilty,and treat with leniency.The litigation process has the characteristics of prosecution and consultation.Negotiation must be accompanied by the expansion of the procuratorial power and jeopardize the fair exercise of the judicial power.Therefore,in the process of perfection,we should define the judicial role in pleading guilty cases and change the court negative,passive status.To construct the court in the restrictions and relief mechanisms,so as to ensure the legitimacy basis of the leniency system of guilty plea.The subject can be divided into five parts.In the chapter one,the author summarizes the leniency system of guilty plea and analyzes it from internal logics and external association for the leniency system of guilty plea.The internal logic carries forward from "confession","acceptance of punishment" and "be lenient".The external association is reflected in the relationship between the active confession system and relevant procedures.The leniency system of guilty plea is not a new system.Instead,it is a reform idea running through all judicial proceedings and motivates all defendants in all confession procedures.With the center of the leniency system of guilty plea,the author discusses it,hoping to realize the leniency system of guilty plea correctly and carry out the following demonstration based on it.In the chapter two,the author discusses judicial role of the leniency system of guilty plea.From the perspective of relevant regulations for the leniency system of guilty plea and practical experience of the speedy trial procedure,the system has a series of problems,such as expansion of procuratorial power,shrinkage of court status,and poor protection of defendants and victims' rights.In order to solve these problems,the court should develop the suitable active role and act as a role of supervisor and reliever in the leniency system of guilty plea.In the chapter three,the author conducts the comparative method study on judicial intervention of two legal systems in relevant system in different countries and areas.As a whole,in order to safeguard legitimacy of plea bargaining.Countries and areas that establish plea bargaining may stipulate supervision obligations of the court for plea bargaining with varying degrees.These regulations can provide a feasible and scientific reference mode for perfecting the lenient system of confession and acceptance of punishment in China.In the chapter four,the author analyzes necessity and practical significance of judicial role in the leniency system of guilty plea from the theoretical and practical perspectives.The chapter can be divided into two parts.The part one discusses the necessity of the court's judicial intervention.The court occupies a dominant position in the leniency system of guilty plea.It is the necessary requirement to conduct judicial supervision to correspond to the reform of judicial centralism lawsuit system and it is also the embodiment of natural justice and protection of human rights.In the section two,the author discusses the practical significance for the court to do judicial control for the leniency system of guilty plea and it has the realistic significance on reducing uncertainty of defendants' confession and improving lawsuit efficiency.In the chapter five,the author proposes some imagination on the judicial role in the leniency system of guilty plea in China.The implementation for the leniency system of guilty plea and acceptance of punishment requires that the court shouldn't remain the single role.Instead,it must transform to the rights protector and the power supervisor.It not only should form the power restraint with procuratorial power,but also should pay attention to the protection of human rights between defendants and victims.