Study On The Perfection Of The System Of Pledge And Punishment In China

Since the Fourth Plenary Session of the 18th CPC Central Committee decided to“perfect the plea for leniency in criminal proceedings",China' s plea for leniency has been gradually promoted from top-level design to pilot reform,and the two-year pilot period has passed more than half.The interim report of pilot work of plea for leniency shows that all pilot areas have implemented the Pilot Decision.Combined with the Pilot Decision and actual native conditions,implementation rules are formulated and the pilot work have achieved stage results on all aspects.The practice has showed that the plea for leniency plays a great efficiency value in the simplified diversion of cases and reasonable distribution of judicial resources,it conforms to the diversified development of China' s criminal proceedings and promotes current judicial reform,which is purposed on court-centered and substantive trial.To improve an immature system,the overall framework of this system must be established in methodology,enrich the basic theory and develop historical evolution,learn from foreign rules.On this basis,present situation of China will be analyzed to find out problems and solve problems.Finally,it shall turn back to the original intention for improving the plea for leniency.Starting from the legal explanation of plea for leniency,Chapter one of this paper firstly combines the value orientation and functional localization in establishing China' s plea for leniency,introduces the background of China' s plea for leniency by tracing back to different system forms of the plea for leniency in different period of China' s criminal policy.Chapter two gets reference and enlightenment by analyzing the mechanism design of plea bargaining in several major countries.Chapter three integrates China' s existing legal regulations on plea for leniency from two aspects of entity and procedures,chapter four reveals the problems existed in China 's plea for leniency.Finally,chapter five proposes some specific improvement suggestions to perfect China ' s plea for leniency,so as to make slight contributions for China' s judicial reform.