The Study Of Substantive Rule Of The Leniency Policy For Those Who Confess

The plead guilty to forfeit of leniency system not only is related the operation of the criminal procedure practice law,but also has respect to the system cohesion of the criminal substantive law,for whose theory research,both the criminal procedural law and the criminal substantive law should be paid attention to,and they neither should be overemphasized at the expense of the other.A t present,while the theory research In results about pleaded guilty to forfeit of leniency system push out in succession,the relevant research presents the drawback of emphasizing the entity and despise the procedure.The paper is based on the local nature of the admission punishment system,whose starting point is the connection between the leniency system and the criminal code and the theory.It discusses mainly from the connotation of the leniency system,the justifiable basis,norms of criminal law and the substantial issue and so on,which proposes the construction of the criminal law system and the thought of the practice operation.In addition to the introduction and conclusion,this paper is devided into six parts.The first part,the basic connotation interpretation of the leniency system.The connotation of the leniency system should be interpreted from “plead guilty”,“accepting punishment” and “leniency” these three aspects.“plead guilty” refers to the basic criminal fact that a criminal suspect or defendant truthfully confesses the influence of conviction;the“accepting punishment”is the type,duration and execution method of the punishment that the criminal suspect or defendant has accepted that the procuratorial organ recommend a sentence;“leniency”refers to the lenient treatment rather than lenient punishment,which includes the significance of both substantive law and procedural law.Admission of guilt is a prerequisite for leniency,and leniency is the logical result of a guilty plea.For this,we should adopt a mild attitude.The second part,the justifiable basis explanation of the leniency of confession.The leniency system has a solid valid foundation in the theory of criminal law,that is a realiable guarantee for the development and perfection of the system as well as a fundamental cause ofthe practice of criminal justice.The leniency system is the embodiment of the criminal policy judicialization,according with the economic value of criminal law.Which is the implementation of the concept of penalty mitigation and the reasonable application of the theory of personal danger.The third part,the association norms embodiment of the leniency system.Many systems and rules in the criminal law of our country are the recognition of the positive value connotation of the leniency system.In the general provisions of the criminal law,the leniency system is mainly manifested in the system of confession and candor;in the criminal law branch,the leniency system is mainly manifested in the special leniency system of embezzlement and bribery crime and the special forgiveness rule in some crimes.The fourth part,the investigation into the entity problem of the leniency system.The problem of the substantive law of leniency system is mainly reflected in the theory of criminal law and judicial practice.Thinking from the theoretical level of criminal law,the improper implementation of the leniency system may jeopardize the legitimacy of the punishment and make a powerful impact on the realization of the principle of the balanced crime.From the perspective of judicial practice analysis,pleaded guilty to forfeit of leniency system may produce a synthetic or reverse competition with other sentencing plot,making it difficult to identify and apply in a joint crime and crime on the stakeholders,leading to sentencing imbalance for applying different ways in the combined punishment for several crimes case and being questioned because of the special object of death penalty in death penalty cases.The fifth part,the construction of criminal law system with leniency system.In order to standardize the practice operation of the leniency system,which should be constructed by practicality in a systematic from.At the macro level,in the two modes of the principlizing and the specific institutionalization of the leniency's criminal law,it should be chosen to institutionalize it in the general provisions of the criminal law.At the micro level,it is necessary to integrate the criterion of the spirit of leniency,setting the leniency system to be a supplementary leniency system of the surrender and confession system,setting it as a multifunctional leniency sentence and treating it differently according to the recovery'sdifficulty degree.The sixth part,the entity operation's expansion of the leniency system.In judicial practice,confession punishment should play a the role in regulating special prevention penalty and adjust it with the responsibility.As the personal risk is the foundation of the entity theory of the leniency system,of which it should decide the application scope based on the basic standard.In the case of the joint crime,the guilty plea should be reasonably determined and the lenient treatment should be taken.In the case of the crime on the stakeholders,the application of the leniency system should not be ruled out because of the wide range of crimes and the serious harm.In the case of the combined punishment for several crimes,the punishment should be widened and punished.In the case of capital punishment,it is necessary to play an active part in restraining the death peanlty.If there is a concurrence between the leniency and the other sentencing plots,the guilty plea should be adequately and fully evaluated to decide how to be lenient;in the case of a plea for leniency and the other circumstances,it is necessary to consider the seriousness of the case before considering the leniency of the crime.