Problems In Cases Under The Leniency System Of Guilty Plea Penalty Problem Research

The plea bargaining system,which originated in the United States from the wide system,is a criminal consultation system for the accused to be punished in exchange for a criminal consultation system.The mutual transfer of partial rights by the two parties is controlled and the benefits are realized.so as to the judicial improve save t efficiency andhel cost judicia.The system has been in dispute since its birth,but there are many judicial ideas such as the Divisions contingency theory,the sense of justice,the utilitarianism of law and the concept of restorative justice,and the strong demand of the practice is to promote its development.Because the criminal consultation system has an active role in resolving the contradictions,saving the social cost,restoring the law of the crime and restoring the normal order of the society,it is gradually emphasized that the civil law countries of the criminal justice and power have accepted,just as the famous law proverbs,The late-coming justice is unjust,and the system is the accelerator of the coming of justice.The system of admission and punishment is an important measure to optimize the criminal procedure and improve the operation of the judicial system.At present,the number of criminal cases presents a tendency of growth,and it is an important task to improve the judicial efficiency in the policy of post-based prosecutors and the judicial reform of the post-made judges.Since the application of the system of confession and punishment still has many difficulties to be solved,such as the participation of the lawyer,the nature of the courts examination and the legalization of the negotiation of the two parties,we should give full attention to the applicable resistance of the admission and punishment system.The standard of the proof of the admission and punishment system should be unified as soon as possible,and the opinions of the victims should be duly taken into account,and the of possible the evidencet should be appropriately reduced,and the punishment for preventing or abusing the power in the system of the admission and punishment of the confession and the refereeing of the judge should be strengthened.At the same time,the mechanism of sentencing consultation is introduced,so as to adjust the balance between the judicial justice and the litigation efficiency.How to define the content of the case,the scope of application and so on under the system of confession and punishment,as well as the application of the sentencing consultation is the plea of the person to be prosecuted and the penalty,andit is necessary to identify the relationship between the broad system and the sentencing consultation system.It is necessary to construct the sentencing consultation procedure,which takes the procuratorial organ as the main,to guard against the risk of the judicial corruption and the judicial injustice,and to improve the supervision mechanism and the relief measures.There are some problems in the specific implementation.It is not necessary to further clarify,refine,standardize and confess to the specific construction of the broad system.It is necessary to solve and study the substantive and theoretical problems.The way to self-repair of the criminal justice system,which is based on the broad-processing of the confession and punishment,is the process structure,or the concept cognition,and needs a long period of transformation and shaping.In the reform of the judicial system,the system of the admission and punishment of the confession and the direct expression of the progress of the rule of law in the current stage are closely related to the development situation of the specific times.Because the admission and punishment system has the result of multi-value kernel co-operation,we can get the favor of the practice of criminal justice in our country.The reform and exploration of the admission and punishment system is also the urgent need to fit the current criminal justice of our country.Understanding the meaning and function of the reform of the system is also the premise of the background of the system.The first chapter introduces the meaning of confession and punishment.The second chapter introduces the status of the admission and punishment from the home and abroad of the wide system.In the third chapter,some problems of sentencing consultation under the criterion of confession and punishment and the system of confession and punishment are analyzed in the practice of the analysis.From the theory of law,the author analyzes the relationship between the different standards,the mode of the foreign criminal case proof standard,the admission and punishment system and the standard of the present evidence.The fourth chapter analyzes the perfect mechanism of the admission and punishment from the wide system.Some suggestions on improving the evidence standard of confession and punishment in the new situation and the mechanism of sentencing consultation under the new situation in our country under the new situation.The understanding and application of the standard of proof and punishment should be unified as soon as possible,and the importance of the victims statement and the victims opinion should be emphasized.Chapter V is expected to achieve results and possible innovations.