The French Comparution Sur Reconnaissance Préalable De Culpabilité And Its Enlightenment

The development of global Criminal Procedure founds a clear trend that leniency treatment for confession cases.The France created Comparution sur Reconnaissance Préalable de Culpabilité,which is a fusion of Common Law System and Civil Law System.It provides some references for the System of Leniency on Admission of Guilty and Acceptance of Punishment in Criminal Procedure of China.This paper analyses the historical developments,legislative motivations,systems and practical disputes of CRPC,and put some references for the System of Leniency on Admission of Guilty and Acceptance of Punishment in Criminal Procedure of China.Besides introduction and epilogue,there are four parts in this paper.Chapter one is the summary of CRPC.There are three parts in this chapter.The first part discriminates many Chinese translations of CRPC and analyses the fundamental connotations of CRPC.The second part summarizes the historical developments of CRPC from domestic and international aspect.The third part analyses the two legislative motivations which are improving procedural efficiency,lightening judicial burden and actuating the accused accepting the punishment.Chapter two is systems of CRPC,includes basic contents and characteristics.The basic contents part include seven items: scope of application,startup of procedure,principal links,lawyer's participation,victim's participation,punishment and appeal.There are five characteristics of CRPC: relatively narrow scope of application,leading public procurator and active judge,compulsory legal agency,victim's participation as civil part and complete appeal right.Chapter three is practices and problems of CRPC.First,this chapter summarizes the conditions of CRPC's application,including quantity,types and average duration of cases,and types of punishment.Then,this chapter analyses the problems of CRPC,which include theoretical disputes and practical problems.The former includes procedural legitimacy and position of public procurator,while the later includes voluntariness and truthfulness of confession and lawyer's participation.Chapter four is enlightenment of CRPC to the System of Leniency on Admission of Guilty and Acceptance of Punishment in Criminal Procedure of China.In the process of developing the System of Leniency on Admission of Guilty and Acceptance of Punishment in Criminal Procedure,we should continue to optimize the scope of application and to explore multiple executions of punishment;we should strengthen the rights guarantee of the accused;the judge should carefully examine the voluntariness of confession and truthfulness and legitimacy of declaration form of admission of guilty and acceptance of punishment;we should give duty counsel status of defender,and strengthen rights guarantee of and supervision to the lawyer;we should pay attention to victim's participation,but their opinions are not binding to the public procurator and judge;the accused's appeal rights should be guaranteed.