Research On Procuratorial Function In Plea Of Guilty And Acceptance Of Punishment

From the beginning of the polit work,the plea of guilty and acceptance of punishment has been widely concerned by the theoretical and practical circles.On the one hand,procuratorial organs to implement the system is conducive to maintaining judicial justice and safeguarding human rights,one the other hand,it saves procuratorial resources and improve judicial efficiency.From the perspective of the procuratorial organs function,the plea of guilty and acceptance of punishment is that criminal suspect or defendant admits that prosecutors accused of major crimes based on their own will,according to the facts to the investigation organs,procuratorial organs and court confession crime,willing to accept certain punishment put forward by the procuratorial organs from the sentencing recommendations and procedures applicable,voluntarily signed confession forfeit a deposition,willing to accept the criminal punishment,thereby gaining greater court the floorboard of the related system of punishment.The procuratorial organ,as the legal supervision organ stipulated in the constitution of our country,has both litigation power and supervision power in the case of the accused pleading guilty.Only the effective exercise of the two prosecutorial functions can provide guarantee for the good operation of the lenient punishment system.However,from the perspective of current legislation and judicial practice,due to the imperfection of relevant laws and regulations and systems in the current system of confession and punishment,the procuratorial function faces many obstacles.How to clear these obstacles becomes the focus of the future development of the plea of guilty and acceptance of punishment.In the first part of this paper,the basic principles of the plea of guilty and acceptance of punishment are expounded from the perspective of prosecution,the concept of the plea of guilty and acceptance of punishment and the relationship with related systems,the meaning of the procuratorial function in the system and the value target of the function are expounded respectively.The effective functioning of the system is inseparable from the understanding of the concept.Only by accurately understanding the procuratorial function,can the function of maintaining judicial justice and safeguarding human rights be maintained,and procuratorial resources be saved and judicial efficiency be improved.In the second part,to explore procuratorial functions of the similar system in the two law systems on the world,mainly the procuratorial functions of the plea bargaining in the United States,the coordinating guilty plea and peniency in British,and the pretrial confession procedure in French,the plea bargaining provisions in Germany,so as to provide beneficial reference for exertion of procuratorial functions in China.In the third part,to researsh the present situation of the procuratorial functions in the current system in China,mainly focusing on the litigation function and supervision function of the procuratorial organ.Followed by the problems of the procuratorial organs to carry out the the plea of guilty and acceptance of punishment in-depth analysis,not only on the various stages of the function of the common problems faced by the discussion,also on the function in different stages of the unique problems faced by the analysis.It is pointed out that the procuratorial organs in China are faced with some problems in the process of pleading guilty,such as the limited knowledge level of case handling personnel,the unreasonable protection of the victim's rights,the high rate of custody and the low rate of non-prosecution,the inconsistent range and standard of sentencing,the difficulty in determining the authenticity of the party's confession,and the inconsistent standard of trial proof.In the fourth part,based on the above analysis of the obstacles to the procuratorial organs in the system of the plea of guilty and acceptance of punishment,put forward targeted suggestions for improvement.On the one hand,the procuratorial organs should start from the following four aspects to play the litigation function correctly in each litigation stage:1.Reduce the detention rate during phase of examination of arrest;2,Establish the exercise of discretion of public prosecution in the stage of review and prosecution;3.Refined differentiation simplified mode in trial stages;4.Establish systems of relief and mechanism of turning round of criminal process.On the other hand,procuratorial organ should exercise the legal supervision function according to law,perform the investigation and supervision function in the accused to plead guilty,and strengthen the supervision of the judicial organs.Only by implementing the above measures can we lay a solid foundation for the procuratorial organs to perform their duties correctly in the plea of guilty and acceptance of punishment in China.