Research On The Perfection Of Leniency System Of Guilty Plea And Punishment In Our Country

The leniency system of confession and punishment started relatively late,and is still in the stage of exploration and improvement in China,.Although the excellence has been reflected for a long time,there are still many problems to be solved in the actual operation.This paper analyzes the meaning,characteristics,historical development and problems existing in the operation of the lenient punishment system,and puts forward some Suggestions.The specific framework of the paper is as follows:Part one: expound the meaning,legislative evolution and practical significance of lenient punishment system.Through the analysis of the connotation of the admission of guilt and punishment system,its nature is clarified.This paper probes into the legislative evolution process,straightens out the historical development and evolution vertically,thus determines the practical significance of the system,and clarifies the direction of its improvement through its practical significance.The second part: the operating status and the applicable predicament of the lenient punishment system.From the point of view of the pilot work at the present stage,the lenient system of confession and punishment has achieved initial results.But based on long-term development,there are still some problems.For example,it is difficult to distinguish confession from punishment,the sentencing system lacks standardization,the scope of applicable cases is not clear,and the supporting mechanism is not perfect.Part three: extraterritorial similar system.The characteristics of similar systems outside China are explored horizontally.By enumerating and comparing,the characteristics,application environment and excellence of similar systems in different countries are analyzed.The commonness of this system is discovered,so as to put forward some ideas for improving the lenient system of confession and punishment in China.The fourth part: put forward rationalization Suggestions for the above problems.First of all,it clarifies the enabling conditions of the lenient punishment system for guilty plea,clarifies its connotation and applicable conditions from three aspects of guilty plea,punishment and sentencing,and the relief mechanism of "procedural reversal".Secondly,in different stages of criminal cases to determine the application of the system of lenient admission of guilt and punishment as well as the application of strength.Thirdly,the scope of application of the lenient system of admission of guilt and punishment is divided into three categories: zero tolerance,relative restriction and freedom restriction to standardize the discretion and ensure the rationality of the application of the system.Finally,improve the operation of the supporting system.Strengthen the connection between the on-duty lawyer system andthe community correction system,give full play to their respective advantages and bring out the best in each other.