Investigation Report On The Implementation Of Leniency System In The D City Court Of Zhengzhou City

It is an important part of China's criminal justice reform to confess to the leniency.To implement the party's 18 th session of fourth plenary session put forward the improvement of the criminal lawsuit pleaded guilty to forfeit their deployment from the system reform,July 22,2016,the central committee of the communist party of China comprehensively deepen reform leading group reviewed and adopted the"about confession forfeit from system reform pilot program"(hereinafter referred to as the "pilot program").On September 3,the same year,the standing committee of the National People's Congress authorized the supreme people's court,the supreme people's procuratorate(hereinafter referred to as the "projects")to carry out the criminal for two years speed cutting program pilot work is done,again authorized"projects" in 18 cities across the country to develop greater pleaded guilty to a criminal case forfeit system pilot work.On November 11,2016,"projects" the ministry of public security,state security,the ministry of justice jointly issued the "on the parts to develop greater pleaded guilty to a criminal case forfeit of the pilot system method"(hereinafter referred to as the "measures for the pilot)specifies the relevant detailed rules for the implementation and operation standards,thus confessed greater forfeit system has certain operability and judicial practice.At the same time,the criminal policy of the leniency of criminal policy is to be relatively materialized,standardized and institutionalized by the concept of abstraction.But as a system that is still in the early stage of exploration,the implementation of the pilot area is of great social concern.On the basis of empirical research,this paper analyzes the problems encountered in practice operation of confession and punishment,and puts forward some Suggestions for improvement.There are four parts,about 20,000 words.The first part describes the purpose and significance of admission of guilty plea from the broad system.It is of great significance to the criminal justice reform to carry out the criminal justice reform.Greater pleaded guilty to forfeit their system on the one hand,under the new situation,implement the resulting concrete measures of criminal policy,fully embodies the spirit of humanism and justice in judicial tolerance,is an important approach to strengthen the protection of human rights;On the other hand,it is an important means to solve the efficiency of litigation efficiency and optimize the allocation of judicial resources.While encouraging the defendant pleaded guilty to forfeit to obtain from the judicial privilege,minimize social confrontation,repair the social relations,is beneficial to enhance the level of social governance under the rule of law,promote national security.The second part mainly introduces the general situation of the implementation of the plea punishment in G city court.The author analyzes and summarizes the relevant data through field investigation in the sample court.Firstly,this paper introduces the number of criminal cases and the number of criminal cases and the number of criminal cases.Secondly,the paper introduces the procedure of the hospital in the process of the implementation of the plea punishment and the practice of combining with the institution itself.Finally is to comb and collect data,such as greater confessed forfeit their cases accounted for,the participation degree of the defense attorney,compulsory fault condition,the type of the verdict and sentencing suggestion is proposed and adopted.The third part mainly analyzes the main problems that exist during the implementation of the plea.Firstly,because the system is relatively abstract from the legislative level,the system lacks operability and the implementation process is not standardized and unified.Second,as at the heart of the guilty plea greater forfeit system inadequate protection of the voluntary and pleaded guilty to authenticity is not enough,the court in the review is mainly depended on the books and formal serious review;Thirdly,the system is not well protected,which is reflected in the high degree of adoption of the court's recommendation of sentencing,the weakening of the status of judges and the lack of factual basic review.Fourth,for the accused,the broad incentive mechanism is unclear,not only in the physical aspect of the broad and even procedural,but in the case of the accused,the lack of expected sexual interests.Fifthly,the lack of relevant supporting mechanisms,mainly discussed two aspects,one is case distribution mechanism is not perfect,the other is supporting duty lawyer system is not sound and a lawyer rate is low,not enough to play their role in a plea forfeit their cases.In the fourth part,the author puts forward relevant Suggestions based on the above questions.First,improve the criminal defense system and the on-duty lawyer system,effectively implement the participatory rights of the defense lawyer and thecorresponding defense right of the on-duty lawyer,and prevent the system of on-duty lawyer from being lost.Third,strengthen the confession forfeit to show leniency program of judicial review,set up in accordance with China's national conditions of pre-trial judge system,optimize the referee judges about greater forfeit their voluntary examination way,introduce plea facts review;Fourth,establish a mechanism for the reversal of the defendant's anti-regret program,in which the criminal suspect in the pretrial confession case repended the procedural mechanism of the procedure and the procedure relief mechanism of the referee.Fifthly,the mechanism of the criterion of admission and punishment of guilty plea was made,and the entity from the crime of confession was determined from the broad and the procedure.Sixth,strengthen the victim's participation right and right to know.