Research On The Lenient Punishment For Guilty Plea In The Review And Prosecution Stage

The Criminal Procedure Law passed on October 26,2018 affirmed the lenient punishment for guilty plea in the form of statute law,and realized the transition from the criminal policy to the legislation,which made the criminal procedure law of China more scientific and has a milestone.The two-year pilot work shows that the lenient punishment system plays an important role in alleviating the contradiction of "too many cases and too few people",saving judicial resources and improving judicial efficiency.Although the Criminal Procedure Law clearly stipulates that the system can be applied at any stage,namely,investigation,review and prosecution,and the trial stage,this paper discusses the review and prosecution stage still plays an important role in the confession and punishment system.First of all,compared with the investigation stage,the main duties of the investigation agency are to find out the facts of the crime,fix the evidence,and do not have the duty to negotiate with the suspect.In the stage of review and prosecution,the facts of the crime are basically clear,the evidence is relatively certain.At the same time,the inspection office can negotiate with the criminal suspects who plead guilty and the office can propose the corresponding sentencing suggestions,which can protect their rights and increase the applicable rate of confession and punishment.Secondly,compared with the trial stage,the confession and punishment of the prosecution stage can realize the diversion of the case and save judicial resources.Moreover,the lenient system of confession and punishment is mostly in the stage of review and prosecution in judicial practice.Therefore,it is necessary to discuss the lenient system of pleading guilty during the review and prosecution stage.In addition,since duty crime cases fall within the scope of the investigation by the Commission,no duty crime cases are discussed.The article mainly discusses from the following aspects:First,the part is mainly to sort out the basic theory of the lenient punishment for guilty plea.In combination with the current Criminal Procedure Law,the part analyze how to define pleading guilty,confessing punishment and leniency,and controversy over the definition of complex cases.The article sorts out the legislative evolution of confession and punishment,in order to understand the system.The article discusses the main content and characteristics of the confession and punishment cases in the review and prosecution stage,and more intuitively understands the main duties of the procuratorial organs.Secondly,the part describes the value of the lenient system of guilty plea in the review and prosecution phase.In terms of the protection of rights,the inspection office,as China's procuratorial organs and legal supervision organs,can not only safeguard the legitimate rights and interests of criminal suspects,but also implement confession and punishment systems,which can effectively prevent "money transactions" and protect the victims of Legal rights.;In the litigation process,the review and prosecution phase is the upstream link of the proceedings.At this stage,confession and punishment can realize the transfer of cases and improve the efficiency of litigation;The review of the prosecution phase applies the pleading guilty plea to a wide-based system that is conducive to the implementation of a lenient and rigorous criminal policy.Again,the part analyzes in the review and prosecution stage and the problems of pleading guilty to the lenient system.It mainly discusses it from the institutional level and the practical level.The voluntary review mechanism of the criminal suspect is not perfect;the victim is not fully involved in the negotiation of sentencing.Their legal rights and interests are not guaranteed.There is no unified standard for sentencing,and the stipulations of the procuratorial organs are unbalanced.On the practical level,with the continuous deepening of confession and punishment,the workload of the procuratorial organs is constantly increasing;The non-prosecution of the case is low and the suspect has a false confession.Finally,the part mainly proposes corresponding suggestions for the application of guilty pleas in the review and prosecution stage.It mainly includes the improvement of the confession and punishment system,the implementation of the law,the improvement of the evidence discovery system,the granting of the criminal suspect's right of remorse to protect the rights of the person being chased,and the right of the victim to participate in the sentencing negotiation.By standardizing guilty pleas and punishments from the wide-sentence proposal,establishing a quasi-sentencing hearing system,perfecting the sentencing recommendations of procuratorial organs in confession and punishment cases.Exploring the working mechanism of the procuratorial organs to effectively handle guilty confession and punishment cases,such as implementing a centralized processing model and advancing the intelligent decision-making system;appropriately expanding the prosecutorial authority's prosecutorial discretion,increasing the proportion of non-prosecution,expand the scope of application of the conditional non-prosecution system,and constructing a criminal suspect's false guilty review mechanism.