Research On The Lenient System Of Pleaded Guilty And Recognized Fine

As China is in the period of social transformation,entering the new normal state,various legal issues in the judicial circle need to be solved urgently,in which “fewer people with more cases” is particularly prominent.In order to optimize the allocation of judicial resources,alleviate the stress of handling cases,realize the case to diverge reasonably,improve judicial efficiency of the litigation,the system of leniency for those who plead guilty and accept punishment followed by the speedy trial procedure for criminal cases will be applied in the original pilot cities.The lenient system of pleaded guilty and recognized fine is the internal requirements of judicial reform,which is a collective legal system formed by a series of concrete legal systems and litigation procedures,conforming to the current background of the times and the value orientation.The pilot work has achieved good results in the past year,but some deficiencies still exist.A thorough study of the system of leniency for those who plead guilty and accept punishment shows that it is not reasonable in theory.Solving problems in judicial practice is of great significance in the aspects of improving our judicial reform and litigation system.This paper makes a preliminary study on the system of leniency for those who plead guilty and accept punishment.Through the relationship between the system of leniency for those who plead guilty and accept punishment and other related procedures,we can understand its background and value orientation,and reveal the essential connotation of the leniency system.Meanwhile,it introduces the similar system between the Anglo-American law system and the representative countries in the continental law system.Combined with the actual investigation of the leniency system in China,it points out the related problems in the pilot work and the operation of the program.This paper puts forward some ameliorative suggestions on participation subject,application scope,consultation mechanism,certification standards and concrete procedure application of the system of leniency for those who pleadguilty and accept punishment.It also refers to the establishment of relevant judicial auxiliary measures,in order to promote the development of the system,optimize the criminal justice system,and better play the role of the system of leniency for those who plead guilty and accept punishment.