The Study Of The Leniency Of Confession In China

In order to improve the judgment efficiency and effect of criminal cases,China learned from the plea bargaining system of the United States and followed the experience of the pilot program of quick judgment of criminal cases.In 2016,China began to trial the lenient punishment system for guilty plea.The system of lenient punishment involves a wide range of contents,including not only the criminal substantive law,but also the modification of relevant laws in procedural law,which also affects the establishment and improvement of the relevant judicial system.To promote the establishment of lenient punishment system for guilty plea has a very important impact on the improvement of China's criminal justice system.However,since the trial of this system for a period of time,there have been many problems in practice,it is necessary to summarize the experience and lessons of the pilot,in-depth comparative analysis with the American plea bargaining system,to explore a reasonable way to improve China's system of lenient punishment for guilty plea,so that the system can better play its due role in judicial practice.The introduction mainly introduces the relevant research background and theoretical and practical significance of this thesis,sorts out the research status of the lenient punishment system for guilty plea and plea bargaining system,introduceing the main research methods adopted in this thesis,and pointing out the deficiencies and innovations of this study.The first part outlines the system of lenient punishment for guilty plea.Firstly,it analyzes the concepts of confession,punishment and leniency and the understanding of the system of leniency.Confession refers to the fact that the defendant or criminal suspect truthfully confesses crime in a voluntary way and confesses to the charge of crime.Admission of punishment refers to the defendant or the criminal suspect be willing to accept the punishment,the punishment here includes advance payment of fines,criminal penalties,as well as the initiative to return the stolen goods return compensation.Leniency means that after the defendant or criminal suspect voluntarily confesses its guilt and accepts the punishment,it can be given a lighter punishment,a mitigated punishment or even be exempted from punishment.The understanding of the lenient punishment system means that the lenient punishment system belongs to a comprehensive system of both procedural law and substantive law.Secondly,it analyzes the relationship between leniency system of confession and punishment,leniency system of confession and plea bargaining system of the United States.There are some differences between "leniency and severity" and the lenient punishment system."Confession leniency" and confession and punishment leniency are related to and independent of each other.The lenient punishment system is regarded as the plea bargain in our country.The second part summarizes the application of the lenient punishment system.First of all,it summarizes the general situation of the application of the lenient punishment system for guilty plea,including whether the progress is fast or slow in different places,the diversification of specific measures to apply the system and the prominent problems in the application of the system.Secondly,it analyzes the pilot work,collects 17,378 valid cases from the judgment document network,analyzes the four aspects of province,court level,cause of action and the factors for the defendant to receive leniency,lists the relevant data charts,summarizes the application of the leniency system of confession and punishment,and draws the corresponding conclusions.Finally,the problems in the trial are put forward,including five problems: low discretionary non-prosecution rate,limited role of on-duty lawyers,difficult to determine the leniency,difficult to carry out the work of sentencing recommendations,and insufficient evidence discoveryThe third part outlines the American plea bargaining system.Firstly,the basic theory of plea bargaining system is analyzed.Plea bargaining system means that the defendant reaches an agreement with the prosecutor and judge to make a guilty plea in order to reduce the charges and reduce the punishment.Secondly,it compares the plea bargaining system with the lenient punishment system,and analyzes the similarities and differences from the two aspects of theory and case application.Finally,the author suggests that the plea bargaining system can enlighten our country,including the wide range of legal rights and interests of defendants,the strong implementation of the plea bargaining system of lawyers,and the independent trading rights of prosecutors and judges.The fourth part puts forward Suggestions to improve the lenient punishment system for guilty plea.The first is the improvement of the relevant subject system,including the improvement of the system of witnesses,the system of identifying the appearance in court,the system of lawyers' defense and the enthusiasm of case handling personnel.Secondly,the scope of application and strict leniency standards should be expanded,including improving the discretionary non-prosecution rate,broadening the scope of charges and punishment,and strictly leniency standards and scope.Finally,the improvement of the evidence discovery system includes clarifying the subject of evidence discovery,detailing the content of evidence discovery,disclosing the time of evidence discovery,and selecting the location of evidence discovery.This paper puts forward some Suggestions for the improvement of the lenient punishment system in order to find out the countermeasures for the improvement of the lenient punishment system in China.