Understanding And Perfecting The System Of Guilty Plea And Lenient Punishment

The leniency system of confession and punishment is a new reform idea in our country's judicial reform at present,and has carried out the pilot work in some areas,which has received wide attention from the academic community and society.The system has specific historical background and value orientation,and has dual attributes of entity and procedure in nature.It is the institutionalization of the criminal policy of temper justice with mercy,and can optimize the allocation of judicial resources.It is the full embodiment of the spirit of modern judicial tolerance.It is distinct from the system of plea bargaining and plea bargaining procedure in other countries,so we should draw lessons from it.From the perspective of procuratorial organs,the system of confession and punishment leniency is interpreted,the standard of proof of case is not reduced,the burden of proof of the prosecution is lightened,and the discretion is expanded.The intention of the two pilot areas of Fujian province guilty penalty pilot work has not been fully realized from the reformers,there are the following problems: the lack of differentiation character,application rate is not high;more than simple procedures,the entity lenient enough;lurking unjust worries.From the angle of perfecting the procuratorial organs guilty penalty leniency system,from the following three aspects: the program level,should establish effective simplified shunt,to allow the defendant to renege related litigation mechanism,effective participation and guarantee the victim's procedural participation right and lawyers;entity level,should pay attention to grasp the essence of leniency,consultation form and content,scientific grasp the boundaries and magnitude of leniency;the relief level,should strengthen self-discipline and balance the power of the prosecutor,to prevent judicial corruption.The article is unfolded in three aspects.Firstly,it analyzes the logic and value of the leniency system of confession and punishment through analyzing the internal logic,system form and external value of the leniency system of confession and punishment.Second,for the system design level,by comparing the plea leniency system with the extraterritorial plea bargaining system,combined with the specific national conditions,to distinguish the difference and connection,in order to help to effectively learn from and play its institutional superiority.Three is the practice level,that is the discussion of the procuratorial organs recognize punishment leniency system how to do in a specific confession,in order to better implement the system to reflect its superiority,including the protection of legitimate rights and interests of the parties and ensure the effective defense lawyer role,on the basis of some supporting measures to improve the construction of.