The Research On Leniency System For Confession And Punishment

Leniency system for confession and punishment in our country from the leniency system embodies the criminal policy,a criminal justice system is nearly two years,countries continue to design,modify and perfect the system,but has not form a systematic,but also occasionally in individual legal provisions and judicial interpretations,and in 2016 the National People's Congress authorized the Supreme People's court and the Supreme People's Procuratorate,Ministry of public security,state security and the Ministry of justice in some areas to carry out criminal cases Leniency system for confession and punishment pilot,the pilot work has become a guilty penalty leniency system in our country's social development in the new stage of a systematic prototype? The purpose of this paper is to analyze the legal value of the leniency system of confession and punishment,so as to make an objective value understanding of the leniency system of confession and punishment.The article is divided into three parts:The first part is the interpretation of the Leniency system for confession and punishment's concept,the author uses the method of semantic analysis of the scholars comprehensive theory and practice point of view,combined with his own cognitive punishment leniency system background of confession thought foundation,the concept of in-depth analysis,and then summarizes the inner meaning of lenient punishment that confession combined with the relevant documents of the state system.Combing the development process of the party and government organs pilot pleaded guilty to recognize punishment leniency system,found guilty penalty leniency system is China's long-standing criminal policy,can also apply when the theme of development in the new age,the judicial system and the environment can also play a significant role in.The basic system of thought,the full study of the Confucian Legal Thought in ancient Chinese,"Matilda" cautious punishment "of" original heart conviction "three aspects of the thought of the system Basis.In terms of analysis,according to "guilty" and "penalty" and "lenient" in three aspects,has made the analysis based on the specific content of guilty penalty leniency system to pilot system."Guilty" must comply with the law,on this basis to form and substance the review,accurately grasp the criminal substantive law and procedural law to the existing regulations,combined with the special situation in the judicial practice,full of "guilty" gives,new content."Penalty" should pay attention to the identification and operation procedure,but also pay attention to the "repentance" plot for "penalty" meaning "lenient" should be combined with our existing sentencing system,reasonable delineation of lenient punishment.The second part mainly from the three dimensions of justice,judicial efficiency and people-oriented plea to recognize punishment leniency system for value analysis.The author uses the semantic analysis,value analysis and comparative analysis methods that reflect the value of the penalty system in the leniency system of plea content makes a serious interpretation in justice respectively.From the substantive justice and procedural justice in two aspects of substantive justice guidelines with the criminal law to analyze,must follow the principle of legality,equality and the principle of suiting punishment to three principles,procedural justice must follow "on facts and take the law as the criterion" and "without people the trial court,shall be found guilty" principle.In the judicial efficiency from the theoretical basis of judicial efficiency,social needs and comparative analyses on the plea bargaining system,With the reasonable elements of the reality of our country and the judicial practice of American plea bargaining,proves the efficiency value in the guilty penalty system.And the importance of leniency in people-oriented is analyzed respectively from the two aspects of criminal prosecution and criminal victims,to analyze the guilty penalty leniency system by the defendant voluntarily pleaded guilty,the right to know from the protection of human rights in criminal litigation were obtained,lawyers are analyzed,from the significance of the protection of the rights of victims should be analyzed,in order to explain the guilty penalty with leniency system and the pursuit of justice,judicial efficiency,the three aspects of people-oriented value.The integration of the third part of the main plea to recognize three value dimensions of punishment leniency system three sets of specific value are wide and criminal policy and safeguard the rights of the victims,crime control and protection is integrated between the judicial efficiency and the defendant's rights and justice,in the three groups of relationship value,criminal and wide,to protect the rights and protect the defendant's rights belong to the category of value oriented,and control crime belongs to the justice of the category,there is a certain conflict of value between the three groups of value relation,therefore only objectively recognize that recognize the intrinsic value of property crime punishment leniency system,to a reasonable integration of its value.In the criminal aspect and the security policy and integration between the value of the rights of victims,should be fully affirmed the importance of the participation of victims at the same time,the victim should be restricted in certain proceedings.In the control of crime and the protection of human rights is integrated between the prosecution value,should be appropriate to increase the criminal defendant's rights,focusing on the protection of the accused,this is conducive to the incentive criminal confessed,and can make the judicial organs of China to regulate their own power,promote the relative balance.In the guilty penalty between leniency system integration the value of justice and efficiency,should be fully affirmed the fairness and justice is the core attribute of criminal procedure,the efficiency value should be based on justice,but not for the pursuit of efficiency and jot less the realization of fairness and justice.In the final conclusion,discusses the guilty penalty leniency system in China is the original judicial system,the implementation of the relevant documents is a perfect system,its purpose is to adapt to the continuous development of China's economy,law,society.Secondly,distinguish the relationship between guilty penalty leniency system with foreign systems in the system,basis and legal value of our guilty penalty leniency system with foreign related system are essentially different.Conflict and integration between values still requires a lot of research should be combined with the external changing circumstances and the existing foundation of the system.