An Empirical Study On The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment At The Stage Of Prosecutions

At the beginning of 2017,prosecutors and courts around the country gradually piloted the system of leniency on admission of guilty and acceptance of punishment,together with the pilot programs of summary procedure and speed arbitration.The court trial phase has been effectively simplified.However,the prosecution process was not pay attention at the beginning of the pilot.Since the pilot of the system of leniency on admission of guilty and acceptance of punishment at the stage of prosecutions nearly a year,how the work has been progressed? Compared with non-pilot,what achievement the pilot has? What are the problems to be solved? What is worth promoting? With the above problems,the author of this study made an inspection about the system of leniency on admission of guilty and acceptance of punishment during the internship in H District Procuratorate of G City.After that,with the above problems,he went to the Procuratorate for investigation again.Based on the first-hand data obtained,He carried out detailed analysis and research on the status quo of the pilot system of leniency on admission of guilty and acceptance of punishment at the stage of prosecutions.The full text is divided into three parts except for the introduction and conclusion.The first part,investigate the basic situation of the pilot of the system of leniency on admission of guilty and acceptance of punishment in the Procuratorate.Firstly,the overall situation of the number of censored cases handled by the Procuratorate in the past three years was researched.Secondly,a brief introduction shows the model adopted by the Procuratorate in the pilot of the system of leniency on admission of guilty and acceptance of punishment for the procuratorial.Finally,according to the data,what the pilot has achieved was researched..The second part,study the problems existing in the application of the system of leniency on admission of guilty and acceptance of punishment in the procuratorial process.Empirical investigation found that: Firstly,the simplification of the procuratorialprocess is not sufficient,and the deadline for handling cases is unreasonable,resulting in the obvious complication of the procuratorial process in the system of leniency on admission of guilty and acceptance of punishment.Secondly,the scope of application of guilty and punishing cases in judicial practice is relatively narrow,and focuses on several types of minor criminal cases.Thirdly,the effectiveness of sentencing recommendations in the prosecution links is not clear,and incentive mechanisms for sentencing are insufficient.Fourthly,due to insufficient cognitive capacity of criminal suspects and low level of lawyer involvement,the prosecution phase cannot guarantee criminal suspects to plead guilty independent.Finally,the lack of an effective supervision mechanism,at the same time,the application of the system of leniency on admission of guilty and acceptance of punishment may bring another pressure on prosecutors.The third part,based on the problems exposed in the pilot,put forward the corresponding better path.We should implement the concept of streamlining the whole process,reduce the procedures and time-consuming of the procuratorialprocess in the case of crime suspect's admission of guilty and acceptance of punishment;gradually expand the scope of application of the existing about the system of leniency on admission of guilty and acceptance of punishment in the procuratorial process;clarify the effectiveness of sentencing proposals,standardize the scrutiny standards of procuratorial organs,and reasonably determine the scope;Introduce the preemptive modeof the informing when applying thesystem ofleniency on admission of guilty and acceptance of punishment,improve the on-duty lawyer system,expand the scope of legal aid,add the pullback mechanism and turnaround procedure after criminal suspects plead guilty and accept punish;explore and promote the centralized prosecution mode;establish internal and external synchronous supervision mechanisms.