The Leniency System Of Guilty Plea And Accepting Punishment

The leniency system of guilty plea and accepting punishment is an important part of Chinese judicial reform.It has already been involved in some provisions of Chinese criminal law and criminal procedure law,but it has not yet constituted an orderly,cohesive and complete system.Presently,the fast-track sentencing procedure,the criminal summary procedure,the criminal reconciliation system and the conditional non-prosecution system are all organic components of the whole system of leniency on admission of guilty and acceptance of punishment.In the leniency system of guilty plea and accepting punishment,plea guilty and accept punishment have no synchronicity.That means being lenient doesn't contain simplification,and plea guilty will not necessarily lead to the leniency of the substantive law and the simplification of the procedural law.From the extraterritorial system,the American plea bargaining system and the German negotiation system seem to have something in common with the leniency system of guilty plea and accepting punishment,but there is also something different among them.The application of the system of guilty plea and accepting punishment has three requirements:firstly,the facts of the case should be clear enough;secondly,the evidence is indeed full;thirdly,the court's judgement should not be purely based on the guilt confession of the defendant.Although there are some differences among Chinese system,the American,and the German,it does not prevent us from drawing lessons from the two countries in terms of the contents of the plea bargain,the procedural safeguard mechanism and so on.Currently,the stipulation of the leniency system of guilty plea and accepting punishment is too rough,and still requires to be improved.Concretely speaking,the improvement should contain the construction of the hierarchy of the light punishment amplitude,and the define of the light punishment effect.The leniency system of guilty plea and accepting punishment applicable to the vast majority of cases and apply to all stages of litigation,clear plea bargaining can only be carried out in between the prosecution and the thedefendants and their counsel,and can only negotiate sentencing issues.In addition,we should perfect the duty lawyer system and the tribunal inspection system to prevent risks caused by unjust case and the indulgence of crime in the operation of the leniency system of guilty plea and accepting punishment.