A Study On The Leniency Of Guilty Plea In The Field Of Negotiation

Acknowledging that a crime will be punished as a leniency system The introduction of this system and the implementation of the pilot cannot be separated from the fact that China's current judicial resources are tight and the case is overstocked.At the same time,due to the emergence of a large number of new cases with features such as diversification and complexity in the social transition period,the investigative force in our country has been spread over a large area,and the case cannot effectively find a complete chain of evidence,insufficient evidence,etc.,thereby bringing justice to China.The review is no small pressure.Therefore,on the basis of guaranteeing the fairness of cases,the requirements for enhancing China's judicial efficiency and alleviating the strain on judicial resources have become increasingly prominent.After learning and researching,it was acknowledged that crimes were punished and that the leniency system came into being.At the same time,the practice of the pilot proved that this system has played a very important role in implementing complicated cases and simple diversions and improving judicial efficiency.However,acknowledging that the crime is punished and that the leniency system is still a new criminal policy system,the theoretical research has yet to be further explored and the implementation procedures need to be further refined.Therefore,studying and admitting that crimes are punished and therefore leniency in handling this system is of great significance to the change of the concept of criminal policy in our country,the distribution of parties' rights,and the improvement of procedures.In addition to the preface,the full text is divided into four parts to discuss this system.The first chapter,acknowledging that crimes are punished and that the outline of the leniency system has been elaborated on the three concepts of “recognizing crimes”,“acceptance of punishments” and “legitimacy”,respectively.Will accept the punishment of the crime so that the leniency and the criminal reconciliation system from the background,the main body,the value of the purpose of the level of comparison and analysis,and summed up the current practice of this system in our country and its significance.The second chapter analyzes the theoretical basis of admitting crimes to accept the punishment and leniency treatment system--deliberative justice,first of all,elaborates the connotation of deliberative justice and the philosophical foundation of deliberative justice,the truth consensus theory,and the tradition of "harmony but not sameness".Confucianism.Focusing on the ways in which conflict mitigation and countermeasures are used to mitigate cases and deal with cases,the case is no longer an option for suppressing criminals,but focuses on repairing the principle of social relations,communicating the principle of authenticity,and advising the leniency process on the recognition of crimes for punishment.Among them,the principle of authenticity corresponds to the objective truth of the case,the principle of legitimacy corresponds to the legality of the case,and the principle of sincerity corresponds to the willingness of the defendant in the process of trial.Lastly,he introduced ways to deal with cases of mitigation and confrontation by using palliative consultation to deal with cases.Instead of suppressing criminals,they focused on repairing the characteristics of social relations.Dialogue,procedural,and ethical issues involve the implementation of the system and concern for the rights and interests of victims.The third chapter lists the current problems in the leniency system that recognizes that crimes are punished.Obstacles to the application of the traditional adversarial litigation model to the procedure,the voluntary nature of criminal suspects,the uncertainty in the scope of the application,and the unclear application of procedures.Chapter IV proposes corresponding ideas and methods for solving problems on the issues they face.Through the transformation of the communicative litigation model,the traditional ideological conception has been overcome,and the victim's voluntary situation has been improved in the form of the protection of rights and the supervision of the court.The corresponding leniency has been set and the design procedures have been diverted.