Research On The Leniency System Of Guilty Plea

The leniency system of guilty plea is an active exploration to resolve the collision between more case and less judge in the judicial reform in China,and to improve the efficiency of lawsuits.It includes the procedure from the abbreviated and entity abundance.The fore new questions are focused on.The first one is uncertainty duty and poor motivation of on-duty lawyers in the leniency system of guilty plea and it has lead to insufficient substantive assistance to the respondent.The second is the victim's rights in the case of plead guilty are not clearly defined and not in place,resulting in inadequate protection victim's rights in the handling of actual cases.The third is complicated pretrial procedures involved in the process of leniency,few types of pilot cases,single application procedures and lack of regulation on defendant's right of appeal.Fourth,the issue of sentencing standards and ranges are not detailed enough in the leniency system of guilty plea.These problems hinder the implementation of the system and judicial justice.This article thinks that we can learn from foreign countries and Taiwan area on their experience of guilty plea procedure,and modify or complement the existing problems.Firstly,it's necessary to clarify the responsibility and orientation of duty lawyers,and improve their selection,assessment and appraisal mechanism.And then put forward a long-term plan to promote the development of duty lawyers to public service lawyers.Secondly,giving the victim the right to know and participate in sentencing suggestions,and taking the victim's understanding as the factors of sentencing investigation.Thirdly,the author suggests to simplify and centralize the pretrial documents and procedures of the plea guilty cases,and further the exploration of diversifying the types of cases and applicable procedures.And then regulating defendant's right of appeal by using the procuratorial organ's right of objection.Fourth,it is suggested that lenient standards should be specified,sentencing ranges should be hierarchical,and the routes of developing and utilizing big data auxiliary sentencing system should be emphasized.