Study On Problems And Solutions To The Implementation Of Plea And Punishes Leniency System

The Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court and the Supreme People's Procuratorate to Conduct the Pilot Work of Guilty,Punishment,and Punishment in Criminal Cases in Selected Areas was implemented on September 4,2016,and was authorized to plead guilty to trial in the pilot areas of criminal expedited procedures.Punishment from the wide system.Plead guilty and punish the guilty accusation from the wide system as the core,based on the voluntary choice of the suspect and the defendant,emphasize the prosecution and defense parties to negotiate and confirm through the final judicial review of the court.The paper consists of four parts.Basically,the paper illustrates the background and academic perspectives of guilty conviction and punishing system.On the theoretical basis of the system,it refers to the review-debate mode of two legal systems——judiciary-oriented mode of questioning(competitiveness)in the civil law system and party-led model of confrontationism in the Anglo-American legal system.The paper demonstrates the theoretical and practical basis of civil guilty conviction and punishment system in comparison to practical basis of judicial practice abroad.For the aspect of innovation,the paper,on one hand,starts from the theory of substantive justice;it conducts theoretical analysis of the confession,punishment,and broadening system,which mainly focuses on the perspective of utilitarianism and economic value theory.On the other hand,procedural justice on the basis of confessions and punishments is elaborated from the perspective of the wide system,the theoretical basis of the dignity and value theory,the moral value theory,the imperfect justice theory,and the procedure's own value theory.Moreover,considering the institutional and practical purposes of guilty conviction and punishing system,the paper analyzes the importance and necessity of implementation,which includes current situation of China's judicature,the prevention of recrime,the improvement of the criminal procedure system,the reform of the current system of judicial posts and much less case.Additionally,the paper elaborates the problems existed in guilty conviction and punishment system.It starts with the suspected burglary case in Haizhu Court Wu X and analyzes the reasons to the problems.Finally,based on the idea of ??system construction and perfection,the thesisputs forward the overall idea of constructing and perfecting the procedure of pleading guilty and punishing in our country.It points out that we should proceed from the dual attributes of guilty plea and punishing leniency system-entity attributes and program attributes.To construct a lenient and penalizing system with Chinese characteristics.Solve the problems and specific paths of the existing issues from the physical aspects.From the procedural side,the solution to the existing problems and the specific path,including the construction of a scientific and reasonable,converging guilty and criminal cases litigation procedures;giving criminal suspects and defendants the right to use the guilty and punishing procedures;constructing criminal suspects and defendants A set of procedural mechanisms for guilty guilty or not,and provide legal assistance to parties who choose or agree to apply the guilty and punitive procedures.