Study On The Code Of Sentences And Sentencing In The System Of Pleading Punishmentnt

With the abolition of the system of reeducation through labor in China,and in the Eighth and Ninth Amendments to the Criminal Law,a large number of acts originally stipulated as public security violations or administrative violations are included in the scope of criminal offences,and the number of minor crimes is increasing.It has been more than two years since the leniency system of plea guilty has been piloted.It is very necessary to sort out and discuss the standard of sentencing for minor crimes in this system from the perspective of substantive law.The full text is divided into four parts:The first part is an overview of the light crime sentencing norms in the leniency system of plea guilty.The core factors to realize the standardization of sentencing are sentencing benchmark and sentencing circumstances,and the core link is the adjustment of the benchmark penalty.The current national and local specific provisions on sentencing are not uniform,and there are contradictions between the provisions of lenient punishment for guilty plea and repentance by trial courts and non-trial courts.In order to truly realize the standardization of sentencing,we must speed up the improvement of the unified criteria for determining guilty plea and penalty plea,and build a scientific lenient mechanism for sentencing,which is very necessary and urgent.This is the case.In order to realize the standardization of sentencing,we must follow the principles of legality,prohibition of repeated evaluation and individualization of penalty.The second part is to analyze the existing problems and Judicial Dilemma of the light crime sentencing norms in the leniency system of plea guilty.The main problems of the system are as follows:First,the relevant laws in the design of lenient system of confession and punishment,all focus on the procedural attributes of the system,there is a tendency of "procedural hot,substantive cold".Secondly,due to the inadequate reasoning of the court of first instance on the determination of sentencing circumstances,the probability of the defendant bringing a second instance is greatly increased.Thirdly,the lenient sentencing rules are not comprehensive,specific,meticulous and effective,and there is no scientific and unified lenient sentencing mechanism.Because of the above problems in the system,it leads to excessive pursuit of efficiency,undermining fairness and justice,and prone to Judicial Dilemma of unjust and false cases.The third part is to improve the standard of determining the common circumstances of sentencing for adjusting the benchmark penalty.Confession of guilt and punishment,which includes honest confession of criminal acts,recognition of penalty results,and evaluation of the attitudes of the perpetrator,such as voluntariness and repentance,belongs to the compound circumstances of sentencing.When confessing a crime,the content of truthful confession is the main facts of crime and the detailed facts of crime which have decisive influence on conviction and sentencing.It does not require recognition that the act constitutes a crime,nor does it require full recognition of the facts and charges charged by the procuratorate.Subjectively,it does not need the intention of sincere repentance.The earliest stage of confession of punishment is the investigation stage,which requires the criminal suspect and the defendant to accept criminal punishment and show repentance subjectively or objectively.It does not require the actor to agree to apply the summary trial procedure.Confession of guilt and confession are overlapping,and there will be substantive conflicts when repeated application.The cohesion between them should be:confession of guilt and confession of punislunent(confession and confession of guilt)>confession of guilt>confession of guilt in court.The fourth part is to construct a scientific lenient mechanism for the adjustment of benchmark punishment.When the defendant is sentenced leniently in a misdemeanor case,he should adhere to the principle of "leniency".Constructing a diversified way of lenient sentencing includes not only reducing the sentence but also the application of non-custodial sentences.Probation is one of the important measures.Optimize the mechanism of pre-trial social investigation when probation is applied,so as to increase the probability of probation being applied in misdemeanor cases.Combining the viewpoints of the theoretical and practical circles on the setting of leniency of sentencing in China,and combining the experience and lessons of leniency of sentencing in plea bargaining system of Britain and the United States,the rationality of leniency of sentencing in plea bargaining system of China and the acceptability of society are fully considered,and the hierarchical leniency of sentencing is set up,of which "40%-20%-10%".The most reasonable range is the width.