Research On Some Problems Of The Lenient System Of Pleaded Guilty And Recognize Fine

On 2016,Sept.3rd,the 22 nd session of the Standing Committee of the 12 th National People's Congress was formally held in Beijing.At the meeting,delegates voted to adopt the“Decision on Authorizing the Supreme People's Court and the Supreme People's Procuratorate to Launch a Pilot Plead Guilty Plea of Criminal Cases in Some Regions”,and authorized Beijing,Shanghai,Guangzhou and other 18 cities in the implementation of the pilot plea guilty plea.And then on Nov.11 th,issued the "Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security,the Ministry of Justice on the Criminal Cases in Some Regions to Prosecute the Penalty System from the Pilot System”,making a general provision on how to carry out the pilot work.It is of great significance to improve the efficiency of litigation,optimize the allocation of judicial resources and ease the contradiction between the number of people and so on,which is the redistribution of theexisting criminal procedure.For the time being,although many controversial issues that exist on the specific setting of the system of confession and plea have been defined,there are still some problemshas not yet been determined,such as how lawyers play an effective role in the system,how to ensure that reasonable demands of criminal victims are paid attention to,and so on.However,solve the above problem is also the key to promote the positive development of the system of pleading guilty.Based on the connotation of the system of pleading guilty,this paper analyzes the controversial problems in the specific system setting,and puts forward the suggestions on the basis of investigating the relevant practical experiences outside the domain.Specifically,the text will be divided into four parts to discuss:Chapter One will make a general interpretation of the system of plea guilty plea,clarify the relevant concepts,and how to understand the self-plea,confessed,lenient and practice,how to grasp the voluntary judgment criteria and the broad range of self-view of their own point of view.At the same time,through the analysis of criminal reconciliation system,summary procedure and speed cutting procedure,we can grasp the relationship between the system of pleading guards and the application procedure of existing plea.In addition,the value of the system of pleading guilt in China has also been expounded.Chapter Two will focus on the interpretation and evaluation of the normative documents of the system of pleading guilty.Interpretation is mainly from two levels' normative documents of the national and local,selecting the "pilot approach" and the implementation details of Shanghai,Nanjing the two representative areas.While the assessment is focused on the breakthrough of the approach,compared with the existing system,mainly including giving the investigating authority the right to revoke the case and expanding the discretion of the procuratorial organs.At the same time,it also summarizes the three questions that the normative documents do not specify,namely how to ensure the voluntary nature of the suspects and defendants,how to strengthen protection of the victims' rights and give full play to the effective role of lawyers.Chapter Three will introduce the procedure of confessing the case of the defendant in the foreign country,mainly analyzing the practice of the five representative countries in Britain,the United States,France,Japan and Russia,and sums up the common characteristics and the difference between the two legal systems.In particular,both attach great importance to the defendant pleaded guilty to the voluntary and the protection of rights,and the defendant's right to appeal are subject to certain restrictions,but there is a large differences in the scope of the case,the degree of simplification and the co-ordination,which will provide valuable experience for our country in the construction of specific systems.Chapter Four will be based on the reality of China's judicial situation,to improve the system of pleading guilty plea.In particular,pay attention to rights protection of the suspects,the defendant's voluntary,class to prosecution authority the inform obligation and review obligations to achieve fairness and justice;to ensure the effective participation of lawyers and to clarify the position of lawyers on duty;to strengthen the protection of the rights of criminal victims,ensure their effective participation in the system,and build relevant supporting measures.