Study On Principle Of Leniency For Guilty Confession And Penalty Acceptance Related Issues

In criminal cases,pleading guilty from the lenient system as an important part of the criminal litigation system reform,its pilot and development in improving the accused's guilty plea judgment rate,achieving the purpose of crime prevention;promoting the simplification and diversion of cases;saving judicial resources has a great impact.However,the author also found that since the institutional reform is still in the initial stage of the pilot,the relevant substantive and procedural legal standards need to be improved.During this period,it is inevitable that there will be cases where the application of the law is not uniform and the defendant's rights are not in place,and these problems directly affect In the process of criminal trial,balance and balance between efficiency and justice.With the simplification of the litigation process in recent years,certain bottlenecks have been formed within the existing legal framework.This requires further simplification of the trial procedure from the lenient system reform by pleading guilty.The author believes that the written trial system and the first instance final review are implemented.The system is the way to make substantial improvements to the trial process.The realization of this function requires first clarifying and unifying the applicable standards of the three organs for pleading guilty and punishing cases.The unified legal application standards can facilitate the successful acceptance of the case at the trial stage,so as to avoid the occurrence of cases in different organs.Repeated circulation,while reducing the judge's substantive trial burden on the case and improving the efficiency of the trial.While improving the efficiency of trials,in order to enable the defendant to be able to effectively conduct his own litigation rights and get a fair trial,timely and effective external rights protection in all aspects of the case is indispensable,and the author believes that the most effective measures to achieve the protection of rights That is to provide the defendant with effective legal assistance through the duty lawyer system,so that the defendant can form clearer factual judgments and legal understandings in the case entity and procedure,and thereby improve the voluntary and wise of the defendant's guilty plea.And the level of participation and acceptance of sentencing recommendations.In order to establish a trial stage and a first-instance trial procedure,this paper will provide substantive and procedural aspects for the simplification of the trial process by standardizing the legal interpretation of the guilty plea from the lenient system and the soundness and perfection of the lawyer' s duty system.Legal guarantee,and through the comparison with the traditional trial mode and the two-trial final review system,the feasibility and necessary conditions of the certificate face trial and the first-trial final review system,as well as the specific procedural requirements of the next step,to form a confession and punishment system Institutional innovation in litigation at the criminal trial stage.