Conflict And Balance:the Using Of System Of Lighter Sentence For Confession At The Trial Stage

In order to improve the efficiency of proceedings,save judicial resources and make the criminal suspect repent sincerely,it becomes more and more important to establish the Chinese system of lighter sentence for confession to draw on the experience of reasonable compositions from the plea bargaining.From the dispute of introducing the system to accept by top-level's promotion,the theoretical dispute to converse the test field,hovering around the law to approach the establishment by legislation,the system of lighter sentence for confession gradually grows into the one-sided trend.However,restricted by the shortcomings of fields from the system,legislation and practice,the system of lighter sentence for confession makes the judge have the puzzles in trial practice,such as conflicts between fair and right of selecting procedure,efficiency and right of mandatory defense,judicial power and right of Sentencing recommendations by procuratorate,with the result that the system values and advantages can't fully manifest,and then along with the practical problems.It becomes the trend of the use of this system,so judges can clearly select that if they can be neutral and passive or not.In the cases of lighter sentence for confession,how to harmonize conflicts between the related values,power and right in the criminal procedure for judges is very important to achieve the aims of the system and guarantee the rights of criminal suspect.In order to achieve the aims of the fair and efficiency,the judge must consider the harmonization between them.The system should stand by our Chinese practice.As the test units,Fuzhou and Xiamen city in Fujian province and the other cities of non test units,explore and have their reproducible and extensible experience.For this reason,it is necessary to establish firstly this system by legislation,and then establish the detailed regulations supporting systems.This paper includes four parts except forward and conclusion.Chapter one is related to the origin and function of lighter sentence for confession,including analysis of the system of plea bargaining and its valuable experience,and its four functions.Chapter two is related to the general situation and selecting values of using lighter sentence for confession at the trial stage,including test units in trial practice in Fujian province,conflicts between fair and right of selecting procedure,efficiency and right of mandatory defense,judicial power and right of Sentencing recommendations by procuratorate.It also talks about the selecting values by judges in perspectives on power of check and balance,pragmatism and restorative justice.Chapter three is related to the legislative methods of lighter sentence for confession,including the legislation and its detailed regulations,such as the contents and processing in the checks of pretrial proceedings and trial proceedings.Chapter four is related to the supporting systems of using lighter sentence for confession at the trial stage,including the guarantees of perfecting the defense counsels' rights,the victim's rights and the supervision systems of judicial power.