The Study Of Procedural Issues Of The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment

The system of leniency on admission of guilty and acceptance of punishment is an important guarantee to comprehensively promote the reform of the criminal procedure system with the trial as the center,and it is a comprehensive system with dual value of both entity and procedure.Due to the fact that the trial reform document is too broad and broad in terms of the system of leniency on admission of guilty and acceptance,it is easy to have procedural difficulties such as the unsmooth flow of procedures,the unitary standard of application and the unstandardized operation.The procedural value determines and guarantees the realization of the entity value,therefore,it is particularly important to analyze and study the leniency system from the perspective of procedural law.According to the confession forfeit their pilot status from system,pleaded guilty to forfeit their procedural law problem from system as the research object,the integrated use of literature research,comparative analysis,case study,empirical analysis and other methods to carry out the analysis and research,from the four dimensions of confession,punishment,recognition procedures,and leniency analyzes the specific meaning of the leniency system;from the four aspects of improving judicial efficiency,highlighting judicial tolerance,promoting contradiction and resolving,and strengthening human rights protection,this paper elaborates the realistic value of the leniency system.and examine the problems such as the lack of voluntary guarantee,the unsound consultation procedure,the unscientific procedure and the inadequate remedy in the trial of the leniency system,and draw lessons from extraterritorial experience,based on judicial practice,and adhere to problem-oriented;should be clear by real voluntary standards,perfecting the court review process,to strengthen the effective legal help,to ensure that the voluntary to forfeit and authenticity;on the basis of the independence of the outstanding defense negotiations,by expanding the negotiations to participate in the subject,to clarify the negotiations,to make sure the facts of the case are to be made,to ensure the effectiveness and the integrity of the negotiations;by increasing the applicable proportion of relative non-prosecution and extending the applicable scope of the attached conditions,in order to strengthen the pre-trial shunting effect of non-prosecution;by building the criminal punishment,speed cutting procedures,simple procedure,careful of ordinary procedure simplification,the diversity of ordinary procedure,trial procedure advancing proceedings system hierarchical transformation,improved and simplified the cohesion and transformation of the program;through the establishment of regret to strengthen power,the safeguard right of appeal,the right to receive criminal purchasing as the main content of relief mechanism,ensure guilty forfeit accused person's legitimate rights and interests.