Perfection Under The System Of Lenient Punishment For The Admission Of Guilt And Acceptance Of Punishment

The perfection of the system of lenient punishment for the admission of guilt and acceptance of punishment in criminal procedure is proposed as a reform goal in criminal litigation with the significance for promoting procedure division and the optimization of resource allocation.The system is still facing quite a few theoretical and practical problems,such as the direction of procedural simplification,the maintenance of current standard of criminal proof,the protection of the voluntary nature of the defendant's confession and etc.This dissertation starts from the function and role of the judge,in order to make feasible suggestions on the above issues.Clarify the functions and functions of judges and judges,based on their positioning and value orientation,in order to accurately control the degree of participation of judges in the lenient system of pleading guilty,the design of trial procedures and the limits of procedural simplification,and the protection of the rights of criminal suspects(defendants)and victims.The first part of the thesis cuts in from the perspective of the judge's subject.Firstly,drawing on the position and value orientation of the judges in the comparative law,it can clarify the duties and positioning of the judges in the lenient system,and therefore,understanding the connotation and value of the system.To clarify the duties and positioning of judges in the system,it is helpful for judges to grasp the important aspects of trial standards,simplification limits,and future reform directions.The second part is through the empirical research methods of data statistics and typical case analysis,to study the actual operation of the system,discuss the existing problems at the trial stage under the current system,and provide guideline for the subsequent reform.The third part of the thesis,on the basis of the positioning and function of the judges,by combining some empirical cases,excerpting some parts of the trial transcripts and adjudication documents,proposes feasible suggestions for further improvement of the lenient system and functional performance of judges in judicial practice.The forth part is a conclusion,briefly summarizing all the arguments of this thesis.