Research On Leniency Types In The Leniency System Of Pleaded Guilty And Recognized Fine

Since The Lenient System of Pleaded Guilty and Recognized fine pilot,on how to improve The Lenient System of Pleaded Guilty and Recognized fine,a large number of trials were carried out in both academic field and practice field.From the existing literature,pleaded guilty to what is forfeit from there is still considerable differences,the lack of consensus in theory,will surely lead to confusion in the judicial practice.Pleaded guilty to forfeit the essences of light system in light,accused guilty pleas is merely based on forfeit.For from the types of research,at present the rare special,more is referring to a plea forfeit from system research,for from the type of partition is also The Leniency in Criminal Law and The Leniency in Criminal Procedure Law,both from positive card into its rationality,did not see such unreasonable place of the classification.Of the light from the greater combing pleaded guilty to confession forfeit the system evolution of light,greater pointed out according to the similarities and differences between them,put forward under the greater confessed forfeit system,pleaded guilty to forfeit how light is based on a plea from a perfect,finally put forward in this paper,the author for from the types of division.In this paper,in addition to the introduction,the text is divided into three parts,about thirty-one thousand words.In the first part combed The Lenient System of Pleaded Guilty and Recognized fine research present situation.From the perspective of system evolution history origin,analyzed from The Lenient System of Pleaded Guilty to The Lenient System of Pleaded Guilty and Recognized fine to forfeit the evolution.On the one hand,although the specification in the sense of The Lenient System of Pleaded Guilty and Lenient System of Pleaded Guilty from the difference,but the mainstream view still think pleaded guilty to forfeit and plea from a confession,there is no essential difference between both is an attitude;On the other hand,expressed remorse guilt or forfeit their confession result from view,namely greater and pleaded guilty.The difference is that the leniency of admission of guilt and punishment is very rich in the leniency system.The significant difference between the leniency system and the leniency system is that the leniency system is applicable to mitigating coercive measures and simplifying procedures,but the relationship between the leniency system and procedural leniency is ambiguous.The second part analyzes the problems existing in the leniency system of admission of guilt and its causes.The author believes that the problems existing in the leniency system of admission of guilt are as follows: First,the connection between confession and punishment at the normative level and leniency is not clearly defined.Secondly,other systems or consequences that do not belong to the connotation of leniency should be included in the leniency system of confession and punishment.Third,for the failure to accurately define whether a certain system or its consequences belong to the connotation of leniency.The main reasons as follows: First,the interpretation of how to improve the leniency system of admission of guilt and punishment is too extensive,and there is some misunderstanding on the direction of the reform of the leniency system of admission of guilt and punishment.Secondly,it fails to follow the method of leniency for admission of guilt and the clear definition of the meaning of admission of guilt and punishment in the amendment to 2018 criminal procedure law,which leads to unclear basis for leniency and misunderstanding of leniency type.Thirdly,when the procedure and system of simplifying the procedure of coercive measures are included in the lenient content,the normative meaning and significance of the procedure and system are ignored.The third part,on the basis of the foregoing,redefines the leniency of punishment for admission of guilt.The author thinks that admission of guilt should be an objective behavior,which should be distinguished from penitence for returning gifts and compensation,and further strengthens the relationship between admission of guilt and leniency.At the same time,it can be divided into two types: should-type leniency and could-type leniency,investigation phase leniency,prosecution phase leniency and trial phase leniency.