A Study Of Practical Problems On The Lenient System Of Pleading Guilty And Confessing Punishment

On October 26,2018,the Sixth Session of the Standing Committee of the 13th National People's Congress adopted the Decision on Amending the Criminal Procedure Law of the People's Republic of China.The decision added the provision of the lenient system of pleading guilty and confessing punishment.On the basis of investigating the implementation status of plea guilty and punishment system in Z City of J Province,the author analyzed the theoretical basis and policy orientation of lenient treatment of plea guilty and confessing punishment through theoretical research,case empirical analysis and comparative research methods,summarized the problems in practice of plea guilty and confessing punishment system,and put forward solutions.For the judgement of confession,we should strictly grasp the standard of truthfully confession,while for the judgement of truthfully confession,we should pay attention to whether the judgement of plea affects conviction and sentencing.For recognition of punishment,it should include refund of stolen goods and compensation and payment of fines.The procuratorate should grasp a larger range of lenient sentencing suggestions,but the sentencing suggestions should have a basis,such as considering the attitude of guilty plea,the degree of guilty plea,the stage of guilty plea and so on.The weight of statutory punishment is not a factor to be considered.The lenient sentencing should be integrated with the existing sentencing system,rather than considered side by side.In practice,we should also strengthen the reasoning of prosecution and the consultation between prosecution and defense.