A Research On Chinese Guilty Penalty Procedure

The application of the system of confession and punishment is a systematic project involving a wide range of aspects,including both the criminal substantive law and the procedural law,and the construction,adjustment and development of the judicial mechanism and the system.The reform of the system of confession and punishment will undoubtedly have an immeasurable impact on the development of the whole criminal justice system in China.The provisions of the current criminal law system are mainly for the purpose of carrying out the tempering justice with mercy criminal policy and saving the cost of justice.At present,it is only in the judicial interpretation or in criminal policy that the criminal suspects and defendants have a wide penalty for guilty plea,and most of them are principled and abstract rules.In practice,the judiciary has different understanding of whether the suspect pleaded guilty,and the measures and scope of lenient punishment are not uniform.This article mainly discusses the connotation of the leniency of confession and punishment,the main manifestations of the leniency in our judicial practice,the differentiation and analysis of the leniency system and the plea bargaining,and the construction of the broad system of confession and punishment in order to promote the legalization and the specific content of tempering justice with mercy and standardization of amplitude,openness and transparency of procedures.