The System Of "Pleading Guilty And Punishing Leniency"

The system of "pleading guilty and punishing leniency " is a new assumption of judicial reform that has emerged in our country recently.It is a criminal coping mechanism created to deal with the current criminal justice activities,which is faced with large numbers of cases,court obstruction and inefficiency.In principle,the system is applicable to all cases including death sentences.the system runs through the investigation,prosecution and trial stages.The act of pleading guilty has both substantive and procedural effects.In terms of substantive effectiveness,the public security organs have no right to deal with substantive treatment during the investigation stage and therefore the effectiveness of the substantive law is available only during the prosecution,trial and enforcement stages.In terms of procedural effectiveness,guilty plea,including the criminal summary procedure,the non-prosecution system of minors attached conditions,the system of criminal reconciliation and the criminal speed procedure that is being piloted in some areas.The first part asks questions.First of all,clarifying the concept of confession and punishing,which not only includes the enforcement of substantive measures for surrender,confession,confession,and the manifestation of penitence in substantive law,but also includes a negotiation mechanism similar to plea bargaining,and highlights the guilty and punitive convictions proposed in this article.Simplistic aspects are not limited to simple trials in practice.Secondly,to discuss the issues of synchronicity of confession and punishment,it is considered inappropriate to apply confession and punishment as preconditions for the application of summary procedure.Is the broad simplified procedure to be achieved through guilty and penalties equivalents to the ordinary procedure of criminal procedure in value pursuit?Whether the application scope of judicial centralism includes summary procedure in a broad sense.The second part details the study of plea guilty from outside.First,The common law countries have a very mature system of summary procedures.Including the fixed penalty system in the scope of traffic and “infractions”,using fine punishment instead of freedom penalty in order to handle minor offenses more expeditiously;prosecutors' discretion to decline prosecution;the guilty plea instead of trial;plea bargaining;diversion in lieu of prosecution or trial,the person who is accused of a guilty plea can enter the sentencing procedure quickly and accurately.Thus saving judicial resources and improving judicial efficiency.Second,there is a consultative model of justice widely used in judicial experience in civil law countries.Taking Germany as an example,the case can be dealt with accurately and efficiently by putting forward the procedure of conditional withdrawal of a case before the formal accusation,the criminal command procedure and the confessing consultation system occurring during the trial stage.The third part introduces the obstacles faced in the transplant of summary procedure.At present,the study of criminal summary procedure in our country emphasizes the compression of trial time so as to achieve the goal of improving the efficiency of litigation.However,there is no room for simplification in the trial procedure of criminal procedure in our country.Cases involving summary procedure may turn into ordinary Program,which led to more complicated procedure.This paper analyzes the current predicament of the summary procedure in criminal procedure and the limitations of the current reform of "pleading guilty and punishing leniently",introduces the successful experience in the field and the barriers to transplant,Mainly including how to determine the content of the court,how to protect the voluntary confession and the abuse of discretion and so on.The fourth part describes the improvement of summary procedure of criminal procedure in China.It is the inevitable trend that dividing the pleading and non-pleading cases.The cases of non-plead guilty are handled according to the ordinary procedure otherwise used summary procedure.As an important factor for public security organs to approve the arrest and change of coercive measures,pleading guilty is also an important basis for prosecutors to exercise their discretion.For the case of pleading guilty,the court only needs to examine the voluntariness of guilty pleas and the basic facts of the case,can directly enter the stage of sentencing.At the same time,minor criminal offenses and a small number of held-off crimes will be included in the scope of fixed penalty penalties to replace free sentences.The enlargement and application of the original system in our country can also well alleviate the current dilemma facing the summary procedure of criminal procedure.Including minors conditional non-prosecution system applies to a small number of adult crimes,psychiatric mandatory medical procedures,extended to areas of minor crime caused by alcohol and drug abuse.