Study On The System Of Leniency Based On Peccavi In The Perspective Of The Justification Of Punishment

The system of leniency based on peccavi has a specific background and value orientation,the dual attributes of both substantive and procedural in nature.But the current from the procedural perspective to study and discuss,can not completely solve the problem of the justification of imposing the criminals a lenient punishment.This paper selects the Q city of Fujian province L District Procuratorate " trial program " as the research object,and points out for utilitarian needs to improve the efficiency of handling of criminal punishment from the problems in judicial practice,the lack of substantive consideration of the justification of punishment.Based on the research idea of criminal integration,the justification of punishment is introduced and the improved samples are put forward.The system of leniency based on peccavi is gradually evolved from different periods of criminal policy,and has the advantage of efficiency in dealing with the increasing number of crimes and the tendency of light punishment.Through the analysis of the main contents and operating effects of the trial program of the Q District Procuratorate,it points out that the deficiency of the guilty judgments and the lenient boundaries,reveals the reasons is not establishing the scientific standard of sentencing.By systematically analyzing the justification of punishment based on retribution,aim and the integrative theory,compare,analyze their pros and cons,combining the evolution course of our penalty concept of legitimation,integrative theory is chosen as the final sentencing standards.Upon the integrative theory,about the relationship between the responsibility punishment and prevention punishment,there are two kinds of theory: one is the theory of the range,the other is the theory of the point.The theory of the point puts forward that sentencing only below the point of responsibility to consider the need to prevent crime,in line with the criminal law of human rights protection function,should be advocated.The attitude of the guilty plea and the penalty is the influence factor of the prevention of punishment.According to the theory of the point,the lenient punishment gets the substantive justification,so as to find the point of contact between the lenient system and the justification of punishment.It is possible to find a basis from responsibility punishment and prevention punishment.At the same time,its application can bring about simplification of litigation and improve the litigation value of handling the case,so as to realize the compatibility of substantive justice and procedural convenience.On the basis of this,the author puts forward the concrete assumption of the reconstruction of this system,including the establishment of the standard of guilty punishment and the supplementary personality assessment.In the end,the author makes a comprehensive use of the analysis,further improves the trial program,constructs the relatively perfect operation mechanism,and solves the problems in judicial practice.