| After two years of trial,the leniency system of confession and punishment was formally incorporated into the laws and regulations in the Criminal Procedure Law of 2018,but there are still many problems to be solved in the operation of the leniency system of confession and punishment.Firstly,voluntariness is the basis of the justification of lenient confession of guilt and punishment.The deviation of the evidence standard and the examination standard of lenient confession of guilt and punishment cases between the investigative organs and the judicial organs leads to the formality of voluntary safeguard.Adhering to the examination standard of combining evidence judgment standard with subjective and objective criteria,voluntariness will be guaranteed.Secondly,the quality of lenient confession of punishment depends on the legality of sentencing.Law and justice,in judicial practice,there are scattered methods of sentencing,neglect of the examination of the facts of sentencing in court trial,and limitation of the right of defense lawyers to participate in sentencing,which lead to the non-standard operation of sentencing.Therefore,only by unifying the methods of sentencing,paying attention to the examination of the facts of sentencing in court trial and strengthening the defense participation of lawyers in sentencing,can the sentencing be guaranteed to be fair and just.The relief method of lenient penalty system is an important right of the accused.In judicial practice,there are abuses of the right of appeal and inefficiency of the appeal trial.How to ensure that the right of appeal is not abused and improve the efficiency of the appeal trial at the same time,measures must be taken from three aspects: appropriate restriction of the right of appeal,construction of the fast mode of appeal trial and improvement of procedural safeguard to ensure guilty plea and confession of punishment.The implementation of lenient system will better protect the rights of the accused. |
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