Study On The Leniency System Of Confession And Punishment In Criminal Cases

Greater pleaded guilty to forfeit their system refers to the criminal cases,the criminal suspect or defendant based on real voluntary,truthfully confesses own criminal facts,agreed that prosecutors accused conviction and sentencing Suggestions,so as to get a lighter punishment of legal system.On the premise of voluntary confession by suspects and defendants,it has the dual nature of procedure and entity and reflects the cooperative justice in China's criminal justice.The leniency system of confession and punishment not only conforms to the criminal policy of mercy and justice,but also optimizes the allocation of judicial resources.The application rate of this system is low,the applicable crimes are concentrated,and the on-duty lawyer is not actively involved.By analyzing the outside pleaded guilty plea bargaining system and consultation system,the defense attorney only after marking and meet with the criminal suspect,will negotiate with prosecutors,to ensure that the criminal suspect guilty of voluntary,authenticity and wisdom,and compared with the confession case proof of low standards shall apply.Therefore,in order to fully protect the legitimate rights and interests of the criminal suspect or defendant,on duty should endow lawyer marking right and meeting with rights,realize the duty lawyer defends the humanization,on duty lawyer should be comprehensive,safeguard the legitimate rights and interests of criminal proceeding people involved with pleaded guilty in a criminal lawsuit forfeit the consultation process,countries should increase financial investment.Greater pleaded guilty to forfeit their negotiation shall be dominated by the procuratorial organs in the process of organs,the procuratorial organs through regulating the behavior of reconnaissance,power balance and defendant,maintenance of due process,to ensure the defendant pleaded guilty to real voluntary,prevent wrongs.Pleaded guilty to forfeit their proof standard in the case shall be proved to distinguish the conviction and sentencing,it turns out,convicted the fact some strict proof standard,namely the clear facts,evidence really,fully and beyond a reasonable doubt.The part of sentencing facts should lower the standards of proof and realize the diversity and step of different types of cases.