| The Leniency system of Guilty plea and Accepting punishment is an important part of judicial reform in the field of criminal procedure in China.The experimental units of the system offer the sufficient power sources for the implementation of China 's criminal policy "tempering justice with mercy",the current judicial climate "many cases but insufficient staff"as well as the leniency system.In fact,leniency system of guilty plea is the continual and development of China's criminal case quick decision procedure.It distinguishes from plea bargaining system and it is a legal system with Chinese characteristics and plays an important role in "trial-centered" lawsuit system reform,which bears the functions of "physical leniency" and "procedural simplicity".Leniency system f of guilty plea and accepting punishment is fully reflected in China's Criminal Law and Criminal Procedure Law,but it needs to be further perfected.In Criminal Law,it can be written in Paragraph 3 of Article 67 as the complement of turning oneself and confession,which provides legal basis for "leniency".Moreover,the specific degree of leniency shall be clarified in judicial interpretation or judicial documents.In Criminal Procedure Law,the real implementation of leniency system of guilty plea in the procedure needs the efforts in different procedures,including rationally exercising the caneellation right in the investigation stage,reasonable implementation of non-prosecution and sentencing system in the stage of review and prosecution,specifying "confession and pleading not guilty" for procedure diversion in trial stage,exploring the traditional "flow shop" criminal procedure for "direct transfer prosecution" and "being charge of arrest and prosecution".Of course,the attention shall be paid to the relevant problems encountered in the implementation process of leniency system of guilty plea and accepting punishment,such as scope of application,standard of proof,defence,right of appeal,etc. |
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