A Study On The Application Of The System Of Conviction Of Confessions And Punishment In China

The confession and punishment of the lenient system is a supporting measure for China's "trial-centered" criminal litigation reform.In the pilot work,it is of great significance to improve the judicial efficiency of the pilot court and save the judicial cost.At the same time,non-pilot courts are actively exploring themselves.This article focuses on the analysis of the basic theory of confession and punishment,and carefully analyzes the connotation and value of the system,based on the basic theory.From the perspective of the People's Court of District X of Y City,Shaanxi Province,it focuses on the analysis of the confession and punishment system.In the process of judicial practice there are still unclear legal provisions,inaccurate grasp of the wide range,non-uniform proof standards,and the rights protection of the prosecuted.The analysis of the victim's legal rights and interests,as well as the improper application of the system will also lead to a series of problems such as new judicial corruption.Therefore,the article starts from the reality,and according to the confession of confession,the problem of the lenient system in practice,and constantly draws on the domestic and extraterritorial advanced work experience,proposes legislation to clarify the provisions of the confession and punishment system,adheres to strict standards of proof,and establishes mandatory assistance lawyers.The system cooperates with the court to review the voluntary nature of the prosecuted to protect the legitimate rights and interests of the accused.At the same time,fully respect the victim's litigation status,and fully listen to the victim's opinions and safeguard his legitimate rights and interests in the case of pleading guilty.Finally,it is proposed to strengthen the supervision of the judiciary and resolutely put an end to the emergence of new forms of judicial corruption under the new system.This paper analyzes the above problems and proposes the above countermeasures to promote the establishment and improvement of the lenient system.This paper is divided into introduction,text and conclusion.The text of this article is divided into three parts.In the first part,taking the status,connotation and definition of the system as the main content,the author comprehensively expounds the current legislative status of the system and the connotation of the system.The similarities and differences with the "Frank and lenient" and plea bargaining systems are analyzed emphatically.The second part is from the perspective of X People's Court of Y City,Shaanxi Province,to analyze the problems existing in judicial practice and the main reasons for the problems.The third part combines the problems existing in the judicial practice of the current system of confession recognition and punishment,and puts forward legal countermeasures and suggestions from improving the legislation,judicial rules and supporting measures of confession and punishment.