A Study On The Court Review Procedure Of The Leniency System Of Confession And Punishment

In the background of the current judicial reform,criminal justice task situation is still grim,since the criminal law amendment(eight),(nine)since the implementation of minor criminal cases,increasing the proportion of risk,the most typical driving cases accounted for the rising proportion in criminal cases.In this case,the trial and trial system of leniency in the recognition of crimes in accordance with the characteristics of the current criminal cases has been put on the agenda.The proposed system has very important significance in both fairness and efficiency of judicial philosophy,in order to alleviate the case less than handling the situation put forward the theory of effective solutions,all are actively exploring specific simple and convenient mode of trial.A guilty penalty leniency system also belongs to the essence of the plea bargaining system,both parties negotiate on the basis of the defendant pleaded guilty,and finally reached consensus on the penalty,and penalty Confirmation signed a plea agreement.This is not exactly the same as what the West calls "cheap selling of justice",although there are controversial voices that arise from the system.But in the specific operation process of domestic judicial system consummation and the penalty system pleaded guilty to continuously explore,coupled with the intervention of the court review,guilty penalty system value and maneuverability will be more clear.In the previous paper about the penalty system is the most guilty of the advantages and disadvantages of the system,whether it is worthwhile to argue in the domestic implementation point of view,this paper is to determine the system in the domestic implementation of the premise with maneuverability,to be further elaborated in key court review mechanism.The first part of the guilty penalty leniency system overview of system background and connotation of the concept and characteristics are introduced,and joined the court review mechanism to review;the second chapter analyses the system value of penalty guilty,to intervene in the review of the court the necessity and the feasibility analysis;the third part through the analysis Study on foreign plea bargaining system,in contrast the domestic implementation of the reference part of penalty guilty;the fourth part in court pleaded guilty penalty system under the framework of how to intervene review put forward,hope the defendant on our criminal penalty case pleaded guilty to identity processing benefit.