Application And Perfection In Procuratorial Tache Of Leniency System Of Guilty Plea

The leniency system for guilty plea has been in trial practice for nearly two years,which is a major step to implement the related reform arrangements drafted at the fourth plenary session of the 18th Central Committee of the Communist Party of China and bears great significance for effective crime punishment,better human rights protection,optimal judicial resource allocation and efficient criminal litigation.In its implementation,the procuratorial organ plays an important role and has explored the definition,verification and application of the system.However,this exploration has not produced favorable effects without exposing some underlying imperfections.Therefore,this paper,on the basis of the two-year trial practice,attempts to make some proposals for valid and effective application of the system.The paper consists of three chapters.Chapter One presents an introduction of the leniency system for guilty plea.It first summarizes the definitions of key terms used,application scope,right guarantee,and legal proceedings of the system.It then elaborates on the significance of the leniency system and other relevant regulations.Chapter Two analyzes the problems existent in the procuratorial process during the implementation of the leniency system.These problems include some divergent understandings of the system from the parties involved in the system enforcement,the inconsistent application of the system during the judicial practice,the difficulties prosecutors encounter when exercising their right of free judgment,the sentencing advisory right and nol-pros judgment power,and the issue of right guarantee for various litigant participants such as suspects,victims and duty counsels.Chapter Three proposes some suggestions for tackling the above-mentioned problems.It analyzes how the procuratorate can better execute its right of free judgment,including improving the accuracy of sentence discretion when exercising its advisory right,applying the leniency system in the area of capital felony,and enhancing its nol-pros judgment power.It also points out that the right guarantee for litigant participants should be improved,including the voluntary guarantee for suspects,the guarantee of the right to know and to participation for victims,and the installment and improvement of duty counseling.Furthermore,it elaborates on the improvement of the procuratorial process,such as intensive litigation modes,reduced filing documentation,and the adoption of information technology.