The Study Of Plea And Punishes Leniency System

At present,with the rapid and diversified development of society,the scope of the adjustment of criminal laws is constantly expanding,what followed was an increase in the number of violations of criminal law,social pressure facing the judiciary is increasing day by day.From optimizing the allocation of judicial resources,the purpose of starting the case more efficiently and fairly.Summarize the experience of long-term criminal justice practice and the experience of pilot trials in the early stages of criminal trials,The Standing Committee of the National People's Congress authorized the highest judicial authority to make changes and formulate specific regulations in accordance with existing regulations,in 18 areas such as Guangzhou,the plea and punishes leniency system was started.Put forward crimes against criminal suspects and defendants who voluntarily and truthfully confess their crimes,no objection to the alleged crime,and agreeing with the suggestions and signing cases containing a sentence,can be dealt with in accordance with the law.After more than one year of pilot work,the system has achieved initial results,but there are still some influence factors.To further understand the pilot conditions of the system,the author goes deep into the grassroots prosecutors.Through personal contact with the application of the system and interviews with first-line prosecutors,discovered problems in the process of application of guilty confession and punishment in the process of application of the broad system and the difficulty in handling and missing the protection of the rights of the prosecuted person.Through the basic study of the system of confession and punishment,and the practice,and to clarify the relationship between the system and several procedures in criminal proceedings and to obtain the beneficial inspiration from similar systems in foreign countries or regions.In order to better exert the effect of the system,the vigor of the system is applied,need to increase the content of the negotiation in the application of the system,defining the criteria for compliance and establishing supporting mechanisms for procedural safeguards of the person being prosecuted.