To Empirical Research The Legal Consequences Of Pleaded Guilty And Accept Punishment With Handle Leniently System

As one of the specific systems for implementing the concept of restorative justice,the confession and punishment system has been adopted in the pilot area since the adoption of the"Decision of the Central Committee of the Communist Party of China on the promotion of several major issues concerning the rule of law" proposed by the Fourth Plenary Session of the 18 th CPC Central Committee in 2016.It has been fully utilized and implemented.At the same time,the theoretical community has also paid great attention to the system.It has put forward a lot of valuable opinions on the system design and improvement of the "confessional punishment and punishment system",but it is based on the incomplete system in the pilot.Sexuality,confession and punishment system still needs to be further improved.Article 5 of the Measures of the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice on Piloting the Punishment of Punishment and Punishment in Criminal Cases in Some Areas(hereinafter referred to as the “ Pilot Measures ”)stipulates: To handle confession and confession cases,criminal suspects and defendants should be guaranteed effective legal assistance to ensure that they understand the nature and legal consequences of pleading guilty plea and voluntarily plead guilty." The latest "Criminal Procedure Law of the People's Republic of China(Revised Draft)" The following provisions are made in Article 120,paragraph 2,Articles 173 and 190 of the Criminal Procedure Law(Amendment Draft).However,the legal consequences of the “confessional punishment and lenient system” are not clearly defined.There are no clear rules on the notification procedures for legal consequences.In practice,the practice in each pilot area is different.The current academic and practical circles believe that the logical premise of pleading guilty is to protect the“voluntary” of the prosecuted.On the basis of guaranteeing the voluntary nature of the prosecuted,the accused is informed of the guilty plea Legal Consequences.However,the author believes that from the perspective of the ecologicalization of criminal litigation,both the entire criminal litigation system and its subsystems and sub-subsystems interact in the whole environment to achieve a "balanced" state.If the criminal litigation system is to play its role reasonably and efficiently,the subsystems and sub-subsystems in this kind of system need to be paid attention to and constructed accordingly,and need to be continuouslystrengthened.The logical premise of pleading guilty to the lenient system is to inform the prosecutor of the legal consequences.Only when the respondent “ knows ” and“understands” the legal consequences can the vulnerability of the accused be guaranteed,and then the confession and punishment can be applied.system.On the other hand,the prosecuted person chooses to plead guilty and pleads guilty to a lenient system,which means giving up part of his own litigation rights,and the waiver of rights is not of course without any restrictions,but the renunciation of rights has quite a good reason.This is also the reason why confession and punishment can be smoothly promoted and raised into law.Therefore,how to ensure the effectiveness of the waiver of rights is a top priority.From the current pilot experience,it is known that the defendant is protected.Knowing and understanding is one of the specific measures.Otherwise,the renunciation of rights will evolve into the loss of rights.This paper is divided into four parts.The first part is mainly to define the legal consequences of pleading guilty from the broad system.The legal consequences include both the substantive law consequences and the procedural consequences.Limited to the "penalty" part of the criminal law.The first point introduces the types of penalties,the second point introduces the consequences of penalties,the third point introduces the consequences of penal execution,the fourth point introduces the consequences of penalties elimination;in terms of procedural consequences,it introduces the change compulsory measures,the trial procedure simplification,and appeals.Restricted rights and the waiver of innocent defense.Therefore,on the whole,there is a basic grasp of the objects to be studied in this paper.The second part is to investigate the legal consequences of the confession of guilty plea in the practice.The investigation is mainly from two perspectives.The first aspect is the legal regulation,which is mainly aimed at the implementation measures and implementation rules of each pilot area.The second angle is the actual research.On the second point of view,the object of the survey is not limited to only one organ in a pilot area,but rather to find more pilot areas as much as possible to investigate organs and review.The prosecution and trial organs conduct research on the object and provide data support for the following problem analysis and finding solutions.The third part is the analysis of the reasons for the current confession of confession from the wide system notification procedure.The first reason is that the legal consequences discussed in the first part of the article are vague and not clearly defined.The second reason is that there is no The clear reasoning procedure,the above two reasons are the direct cause ofthe notification process of the legal consequences of the current guilty confession from the wide system.The third reason,"the uncertainty of the degree of notification" and the fourth reason are confused with the voluntary nature of confession,which is the indirect cause of the problem.The uncertainty of the degree of confession and confession makes the organ of notification at each stage unable to deeply understand the meaning and value of the legal consequences,and the confusion with the voluntary system makes the system designer and legislator neglect the legal consequences of confession and punishment.Tell the build of the program.The fourth part is to propose corresponding solutions and suggestions for the problems summarized in the third part,including the following aspects: first,clarify the legal consequences;second,clearly specify the notification procedure,the discussion of these two points,according to the investigation stage The review and prosecution stage and the trial stage are explained;the third suggestion is to distinguish it from the voluntary guarantee,because only the confession of the confession will be notified from the legal consequences of the broad system and the institutional protection of the voluntary guarantee.The procedure pays enough attention;the fourth point is the continuous review of the performance of the notification obligation.Although the litigation model of our country has been absorbing the party litigation factors,it still focuses on the litigation mode.The judiciary and its staff are deeply ingrained in their understanding of “reality of reality”,so it is one of the effective ways to maintain a continuous review of implementation when implementing and promoting specific systems that guarantee “procedural justice”.