Research On The System Of Giving Leniency To Whoever Admit Guilt And Submit To Punishment

In order to improve the current limited utilization rate of judicial resources in China,the Fourth Plenary Session of the 18 th CPC Central Committee proposed the reform of the system of lenient admission and punishment in criminal prosecution.In November 2016,the leniency system of guilty admission and punishment began its pilot work in 18 places throughout the country.Another important legislative practice has been ushered in the judicial field after the speedy adjudication procedure.The research on the new system of lenient punishment for pleading guilty and admission of punishment,especially from the perspective of criminal substantive law,has theoretical and practical significance for judicial practice.This article consists of the following four parts:The first part is to define the related concepts of "pleading guilty" and "admission of punishment" in the lenient system of guilty admission and punishment,analyzing the logical relationship between the concepts,and summarizing the characteristics of the system.Its purpose is to solve the problem of unclear concepts at present so that it can more specifically guide the judicial staff in handling cases,and fully play the role of lenient system of guilty and punishment.The second part is to expound the justification of the lenient system of guilty admission and punishment,and to analyze the system of guilty admission and punishment leniency on the theoretical basis and functional characteristics.This paper points out that the lenient system of guilty confession and punishment accords with the principle of modesty of criminal law and the principle of criminal responsibility and punishment in theory,and conforms to the procedural requirements and evidential of criminal procedure law.It is the result of the concrete institutionalization and standardization of the criminal policy of leniency and severity in our country.In terms of function,it can reasonably divert cases,and the use of quick adjudication procedures and summary procedures can speed up the trial process,solve the current dilemma of tight judicial resources and difficulties in solving social conflicts in a timely manner.The third part is to analyze and compare the relationship and difference between the lenient admission and punishment system and the criminal policy in China,the plea bargaining system in the United States,and China's surrender system.The lenient system of guilty admission and punishment is a kind of sentencing system in China.Its function on sentencing is similar to that of surrender system,but the lenient system of guilty admission and punishment has both substantive and procedural significance,which is the supplement and perfection of the previous sentencing system and make clear the position of lenient system of guilty and punishment.The fourth part is the judicial application of the lenient system of guilty admission and punishment.Mainly from the applicable conditions,the scope of application,the standard of evidence,leniency extent these aspects to make specific analysis,,so that each step has a clear operability.At the same time,taking the duty crime as an example,it discusses the application of the lenient system of guilty plea and punishment in felony and misdemeanor.