On The Significance Of American Plea Bargaining To China's Leniency And Leniency System

The US plea bargain was born in the early 19 th century.In the practice of criminal justice in the United States,plea bargaining has played an important role in improving the efficiency of case handling,saving judicial costs,and relieving pressure on accumulated cases.In today's situation,justice and efficiency have become the common goal pursued by all countries in the world.The reform of confession and punishment in China is designed based on the goal of improving the efficiency of judicial justice and optimizing the allocation of judicial resources.However,because China's confession and punishment system is still in the “initial stage” of the pilot system,there are many aspects that are not mature enough.It is necessary to find a solution with Chinese characteristics on the basis of comprehensive consideration of the development of China's cultural traditions and criminal justice system..This paper mainly uses the comparative analysis method to analyze and discuss the confession and punishment of China from the lenient system and the US plea bargaining system,and puts forward its own views on this basis.Judging from the current judicial practice of pleading guilty to the lenient system,it is necessary and practical to draw on some reasonable factors of the US plea bargaining system to form a criminal justice system in line with China's national conditions.This article is divided into four parts,about 20,000 words.The first part introduces the emergence and development of the US plea bargaining,and analyzes the current situation of judicial efficiency,the objective situation of litigation risk in both the prosecution and the defense,the tradition of tolerance of criminals,and the public's desire for a stable social order.The reasons for the US plea bargaining,and then clarify some reasonable factors that can be borrowed.The second part introduces the exploration practice and investigation of the lenient system of confession and punishment in China,and summarizes the effectiveness of the pilot work in saving case handling time,improving the efficiency of case handling,protecting the rights of criminal suspects,defendants and victims,and analyzing the results of the pilot work.The application rate is not high,the legal help effect is not good enough,the proof standard is not clear,and the victim's rights are not adequately protected.The third part introduces the necessity and feasibility of China's confession and punishment for the reasonable factors of the US plea bargaining system.It mainly protects the suspects and defendants from fair treatment,coordinates the conflict between litigation justice and litigation efficiency,and promotes The analysis of social harmony and symbiosis discusses the necessity of reference,and analyzes and discusses the feasibility of pleading guilty from the lenient system and the similarity of the US plea bargaining system,the change of people's pursuit of legitimate ideas,and the criminal justice system.The fourth part puts forward the proposal of perfecting the system of confession and punishment in China.It mainly proposes from four aspects: First,on the issue of the rights protection of criminal suspects and defendants,the key point is to learn from the US evidence discovery system to establish an information disclosure system.Learn from the effective defense system of the United States to improve the duty lawyer system,and learn from the American party concept to give criminal suspects and defendants greater procedural options to ensure fair and just confession.The second is about the issue of certification standards.The key point is to learn from the practice of US plea bargaining in case diversion.According to the nature and trial procedure of pleading guilty cases,the applicable certification standards are distinguished,and the benefits of the speed reduction procedure to reduce the certification standards are analyzed.The third is about the issue of sentencing incentive function.It is necessary to learn from the tolerant tradition of the US plea bargaining.It stipulates the confession and punishment as a statutory stipulation,and reasonably determines the scope of lenient punishment,and enhances the attraction of confession and punishment to the criminal suspects and defendants.force.Fourth,regarding the protection of the rights of victims,it is necessary to learn from the legitimate concept of procedures in the US plea bargaining,grant the victim the main status of the confession and punishment procedure,incorporate the victim's compensation into the necessary content of the guilty plea negotiation,give the victim a certain veto,and protect the victim.Obtain national remedies and repair social relations destroyed by crime.