An Empirical Study Of Leniency System For Pledge And Punishment

The leniency system of confession and punishment refers to the sum of the systematic norms and their operation throughout the various litigation links of confession and punishment cases.Under the background of a good many cases but insufficient staff,it is urgent and legitimate to establish and improve the leniency system of confession and punishment as soon as possible for the rational allocation of judicial resources and the improvement of judicial efficiency.This paper analyzes the basic connotation of the lenient system of confession and punishment,and on the basis of the empirical analysis of the legislative status and operation effect of the lenient system of confession and punishment,summarizes the problems existing in the lenient system of confession and punishment in China,and puts forward some suggestions for improving these problems.The full text includes the following four parts.The first part analyzes the basic concepts and mutual relations of "confession","confession" and "leniency" in law,defines the connotation and denotation of the system,and lays the foundation for the following analysis of the existing problems and improvement proposals of the system.The second part sorts out the substantive and procedural norms of the leniency system of pleading guilty and pleading punishment in China,and analyzes the progress and shortcomings of the system at the legislative level.Choose a grass-roots court of criminal cases for statistics,investigation and study of the operation effect of plea guilty cases.The thirth part analysis of the plea of guilt leniency system in the scope of application of the case,the stage of application,sentencing circumstances and scope,the rights of the prosecuted and the victims,lawyers effective defense,prosecution and defense consultation and trial procedures in seven aspects of the problems.The forth part combining with the basic connotation and system foundation of the leniency system of confession and punishment,the paper puts forward some suggestions for perfecting the systematic construction of the leniency system of confession and punishment in view of the existing problems.