Greater Pleaded Guilty To Forfeit System Research Of Criminal Procedure

"Perfecting the plea of guilty plea in criminal proceedings" is the reform request made by the Fourth Plenary Session of the Eighteenth Central Committee of the Party in the Decision on Several Important Issues Concerning the Promotion of Ruling by Law.The Supreme People's Court and the Supreme People's Procuratorate in order to implement the central deployment,respectively,in the "deepening of the views on the reform of the prosecution(2013-2017 work plan)" and "the fourth five-year reform of the people's court(2014-2018)" The sound requirements of this system.In September 2016,the Standing Committee of the National People's Congress(NPC)examined and approved the Decision on Authorizing the Supreme People's Court and the Supreme People's Procuratorate to carry out criminal cases and pleading guilty standards in some areas(hereinafter referred to as the "pilot work decision"),2016(Hereinafter referred to as the "pilot approach"),marking the Chinese context of pleading guilty plea from the liberal system reform was officially opened in November,and promulgated the "on the case of criminal cases in some areas to commute the crime of plea"It is a system of comprehensive substantive law and procedural law reform,and its reform has a special background and value.Especially for improving the efficiency of litigation,alleviating the status quo of the judiciary,the rational use of judicial resources,etc.are of great significance.At present,there are different treatment mechanisms in the criminal law and criminal procedure law in China,but there is no specific mechanism for the recognition of the cases in the substantive rights and procedural choices.Therefore,at this stage,It is necessary to perfect the plea.Based on the combination of theory and practice,this paper studies the leniency system of our country,and puts forward the systematic planning and practice of the crime of pleading guilty to the crime of pleading guilty on the basis of absorbing the advanced experience of foreign related system and combining with the judicial reality of our country.Line plan,in order to improve the legal context of China's criminal proceedings in the pleading guilty of leniency system to provide a certain reference value.Specifically,this article will be discussed from the following four parts:The first chapter is mainly the legal context of our plea guilty plea from the principle of broad system analysis.First of all,by combing the concept of "pleading guilty","confessed" and "lenient",it provides a basis for accurately grasping the connotation of pleading guilty and the connotation of the system,and then summarizes the characteristics of the system.The theoretical basis of institutional reform;Finally,the necessity and feasibility of the system reform are analyzed synthetically.The second chapter analyzes and consummates the present situation and the predicament of the system of pleading guilty.First of all,combing the current criminal law and the criminal procedure law and related documents,which will be on the plea of the relevant provisions of the relevant provisions of the classification,in order to understand the status of the system;secondly,the author based on the collected data on the Shanghai relevant system practice pilot introduction;Finally,on this basis,the author analyzes the current situation of perfecting the system of pleading guilty and pleading,including the lack of specific legal provisions and the lack of procedural diversion mechanism.The third chapter is the reference of the system of guilty plea of guilty plea.In the Anglo-American law system,the system of plea bargaining in the United States is introduced.The relevant system of Taiwan,France and Germany is introduced in the civil law system.Through the analysis of similar systems in different countries,the author gives the useful experience of the system of pleading guilty TheThe fourth chapter based on the reality of China's judicial situation,the crime of pleading guilty plea for the system planning and practice.Specifically,including three aspects: First,the substantive law: to establish the standard of pleading guilty,clear entities from the wide range;Second,procedural law: a clear scope of application,participation in the main body and its rights;Third,the relevant measures: Human rights protection,the establishment of a comprehensive supervision mechanism and strengthen the judicial mechanism of cooperation.