A Study On The Leniency System Of Confession And Punishment In China

To reform and perfect the system of recognizing and punishing guilty of pleading guilty and punishing leniency is an important part of our country to comprehensively promote the rule of law in our country and plays an important role in cracking the current efficiency of criminal justice litigation in our country as well as the shortage of judicial resources and the small number of people in the case.Although a large number of experiences have been accumulated in the pilot work on the expediting of criminal cases in the past,according to the provisions of the Measures on the Pilot Penalty and Punishment of Criminal Cases from a Wide System in Some Areas(hereinafter referred to as the Measures)Look,there are still some shortcomings.In this regard,this article based on the "methods" and the current contents of the current legislation,the system of the concept,value,scope of application,the standard of recognition,range and how to improve and so on a more systematic exposition and demonstration.The specific framework of this article is as follows:Part one: An overview of the system of pleading guilty and punishing leniency.This part mainly re-defines the concept of substantive and procedural system through pleading guilty,confessed and leniently,and points out that it has the characteristics of aggregation,comprehensiveness and voluntariness.In addition,it also summarizes the existing similar leniency system of confession and punishments,and analyzes the value basis of the system with the promotion of litigation efficiency,the maintenance of judicial impartiality and the criminal policy of combining leniency and strictcy.The second part: Exceptional plea of guilty plea and punishment from the perspective of lenient system.This part mainly introduces the system of plea bargaining and the pre-trial plea process and criminal procedure to distinguish the similarities and differences between plea bargaining system and the above system.The system of pleading guilty and punishing leniency and plea bargaining both emphasize the discovery of the truth of the case and the guarantee of the voluntary guilty plea.However,the difference between "nationalism" and freedom of contract determines the basic difference between plea of guilty plea and plea bargaining,The concept of production also determines the difference between the scope of the negotiations allowed as well as the public security organs of the three organs in the distribution of power there are also significant differences.The third part: the status quo and defects of the system of pleading guilty and punishing leniency.This section is the focus of the article,including the status quo and defects in two parts,the status quo including the legislative performance of the system,the scope of the applicable conditions,the main body and the current practice and so on.Defects pointed out that the current existence of a lack of systematic,specific provisions are not clear enough,and in practice there are different standards,limitations and other shortcomings.Part IV: Perfection of Confession and Punishment.This section mainly includes the definition of the system should adhere to the principles of the principle of simplification of the pre-court links,the integration of the existing provisions to make it more systematic convergence of measures.In view of the application of the system,it is suggested that a reasonable risk prevention mechanism should be constructed while expanding the incentive mechanism.