Research On The Implementation Of The Plea And Punishes Leniency System

It is not a new concept to admit guilt and punishment,but it has not been fixed in a standardized form.It was the first time that the Central Committee of the Communist Party of the Communist Party of China,through the decision of the Central Committee of the Communist Party of China on the comprehensive promotion of several major issues of the rule of law in the fourth Plenary Session of the 18 th CPC Central Committee,first proposed to improve the system of confession and punishment in criminal proceedings.In the three reports of two hospitals,the corresponding supporting measures for crime recognition and punishment were also emphasized.This is consistent with the basic requirements of case diversion in the new situation,and is also the embodiment of "Leniency and strictness" policy in criminal law.With the rapid progress of criminal penalty work,the leniency and leniency system has begun to promote in an orderly way,but there are still some problems in theoretical research and practical operation.This article begins with a summary of the theory of the system,discusses some of the problems in the specific judicial practice of our country,and combines with the relevant foreign legislation,hoping to find a relatively reasonable and perfect way.In the first chapter of this article,the author first focuses on the theory and connotation of the system.Based on the three theories of interest compromise,negotiated justice and judicial cost,we put forward the theoretical basis of leniency and leniency,and then discuss the connotations of confession and punishment respectively.Because the leniency is not an independent act,it is attached to the starting element,which is an attribute effect of confession and punishment,so the author does not explain it alone,and the specific performance will be mentioned later.The second chapter is a series of problems in theory and practice.According to the relevant data,we can find that most of the problems can be summed up in three aspects,that is,the lack of refining standards,the applicable standards and the rationality of the plea of plea and the loopholes in the time node.Through discussing these problems,we put forward our own opinions on some problems that can be solved.The third chapter focuses on the construction of similar laws in the two legal systems.After studying the way of dealing with typical countries,we can extract commonalities,so that they can be used for reference in China's judicature and theory.Considering the different legal backgrounds of different countries,we should also proceed from their own national conditions and not copy them.The fourth chapter is a summary of the above problems.From his own point of view,the author puts forward a relatively reasonable suggestion on the theory and practice,the entity and the procedure of the plea leniency system.Some of them are feasible,some of them still need further research after the system has been running for a certain time.