The Research On Admission Of Guilty And Acceptance Of Punishment System From Procedural Perspective

The system of fine leniency based on guilty plea and acceptance of punishment was undertaken to facilitate the reform goal of trial-centered,to form the independent handling procedure of cases with guilty plea,by handing the guilty plea simplifying and quickly to improve the litigation efficiency and optimize the resource allocation.It includes provisions both in substantive law and in procedure law.In substantive law respect,it mainly achieve the fine leniency by procedure application;In the aspect of procedure law,it primarily enhance suit efficiency of guilty cases in the premise of assuring judicial justice by simplified procedure,and this paper will be focused on the procedure law.First of all,the dissertation explains a series of basic concepts and the realistic reasons related to the system of fine leniency based on guilty plea and acceptance of punishment.Secondly,from two aspects of theory and practice to analyze the procedure application problems.Through the empirical study of county count's relevant judgment document,we have learned about some questions in practice: the low rate of the system's applied and the defense acquiring law help ? the applicable precondition of accepting punishment no function and so on.we also have realized some issues in theory: the right to choose the procedure of the defendant is incomplete?simplified procedure primarily concentrates on the trial stage ?the system lacks the unified review mechanism of the voluntariness and legality of pleading guilty and acceptance of punishment and so on.Once more,introduces the United States?Germany and Japan' specific procedures about how to handle confession cases,in order to produce the main reference to the China's system.Finally,puts forward some suggestions: to increase the application rate of the system,to improve the accused's right of acquiring legal help and the application condition of the system and the court assessment mechanism,to perfect criminal case process,to limit the right of rescission.