Perfection Of Lenient System Of Confession And Punishment

According to the criminally quick judgment procedure carried out before,many valuable experiences have been accumulated in the pilot areas.These effective experiences have been gradually pushed to the whole country.At the same time,they have promoted the introduction and continuous improvement of the leniency system of confession and punishment.At present,there are still many problems in the lenient system of plea guilty,such as the vague concept of plea guilty,the lack of effective protection of the rights of litigant participants,and different opinions on the standard of proof.This paper mainly discusses the problems existing in the leniency system of pleading guilty,analyzing the causes of the problems and improving measures.The specific structure is as follows:Part ?:The relationship between confession and leniency and the legal basis.This part starts from three aspects:the understanding of the leniency of plea guilty,the relationship between plea guilty and leniency,and the jurisprudential basis of the leniency of plea guilty.This paper explains the leniency of confession and punishment,and discusses the relationship between confession and leniency.At the same time,the legal basis of the lenient system of confession and punishment is briefly explained.Part ?:The problems and causes of lenient system of confession and punishment.This part points out many problems existing in the lenient system of confession of guilt and punishment,the fuzzification of the lenient system of confession of guilt and punishment in legislation,the lack of effective protection of the rights of litigant participants,the different standards of proof,and the lack of updating of the content of the court' s review in court hearing.At the same time,the causes of the problems are analyzed and discussed from three aspects:the judicial concept,the lagging legislation and the cooperation among the organs dealing with cases.Part ?:Perfecting the leniency system of confession and punishment.This part mainly aims at the problems existing in the leniency system of confession and punishment,and puts forward corresponding solutions.It focuses on the transformation of judicial concept,the protection of the rights of litigation participants,the voluntariness of the accused to plead guilty and punish,the leniency of the entity and the simplicity of the procedure,which can provide reference for the improvement of the leniency system of plea guilty and punishment in the future.