Application Of System For Imposing Lenient Punishments On Those Pleading Guilty Or Accepting Punishment

With the increasing number of criminal cases,especially the number of minor criminal cases,the abolition of reeducation through labor and the expansion of criminal penalties,how to optimize the allocation of judicial resources and how to improve the efficiency of case handling is the primary problem of judicial reform and the urgent need in practice.Solved problem.It is also in this context that the System for Imposing lenient Punishments on Those Pleading Guilty or Accepting Punishment is born in this context.The same is true of the situational policy of tempering justice with strictness,the subjective theory of procedures,and the theory of restorativeity at the level of the national system.In September 2016,18 cities launched a pilot program of System for Imposing lenient Punishments on Those Pleading Guilty or Accepting Punishment,and the pilot was two years.As of September 2018,System for Imposing lenient Punishments on Those Pleading Guilty or Accepting Punishment have achieved remarkable results from the wide system pilot.It provides the basis for the revision of the Criminal Procedure Law in October 2018.The revised Criminal Procedure Law stipulates that pleading guilty is an important principle,and systematically perfects the System for Imposing lenient Punishments on Those Pleading Guilty or Accepting Punishment in the Criminal Procedure Law.This paper examines other systems that are similar to the System for Imposing lenient Punishments on Those Pleading Guilty or Accepting Punishment,and finds that pleading guilty has exposed many deficiencies in terms of procedural aspects and supporting systems.On the basis of successful experience in the pilot and advanced practices in other countries and regions,a comprehensive plan is proposed.The prosecution and deliberation negotiation is the core content of the confession and punishment system,and the application of the system in practice is inseparable from the perfection of the prosecution and defense negotiations.To ensure that the prosecution and defense negotiations will not infringe on the interests of criminal suspects and defendants,with the help of duty lawyers,the judicial authorities will also need to review the voluntary nature of their guilty plea.For the content of the consultation,only the sentencing can be negotiated.In order to ensure the reasonableness of the procuratorial organ's sentencing,it is necessary to regulate the sentencing recommendations.The agreement between the prosecution and the defense and the conclusion of the agreement does not mean that the standard of proof can be lowered.It is still necessary to adhere to the standard of "clear facts of the case,sufficient evidence,and exclusion of reasonable doubt".Similarly,social surveys and community corrections have played a very important role and should be further improved.