The Practice Analysis And Research Of Leniency In The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment

In the field of criminal proceedings in China,with the implementation of the legal thought of “Tempering Justice with Mercy”,the System of Leniency on Admission of Guilty and Acceptance of Punishment has been gradually expanded to the whole country from the pilot stage,making a great contribution to improving the judicial efficiency and optimizing the allocation of judicial resources for judicial organs.The essence of the leniency system is that criminal suspects and defendants cooperate with the judicial organs actively in exchange for lenient punishment.Different from the plea bargaining system in European and American countries,it is a plea bargaining system with Chinese characteristics based on clear facts and solid evidence.Along with the development of the criminal litigation system,this system will also be widely used.In this system,leniency is the target pursued by the defendants,occupies a unique and important position in the system,and naturally becomes the focus of discussion and controversy.This paper intends to make a practical analysis of some criminal cases that are applicable to this system in China in 2018,summarize the elements reflected in the cases,so as to find the regular conclusions and solve the problems,and try to put forward reasonable suggestions to improve this system.By analyzing the practice,the author found out the problems and obstacles in the judicial practice of the system,and have a series of reflections on this.And then to think about how to expand the ways for leniency,including the use of fines to replace part of the freedom penalty,increasing the scope of application of probation under the system.This paper attempts to provide new ideas for the development and improvement of this system.Based on the discussion above,the paper is divided into six sections.The first part mainly introduces the background and research status of the system,point out the method and meaning of this article,and find the starting point of this article.The second part mainly combs the author's understanding,presents the relevant understanding and the extensibility of the connotation of leniency.The third part is the analysis of sample data.Through summarizing the case and the data,this paper presents relevant results are in the form of charts,and put forward relevant thinking,lay the foundation for the following discussion.The fourth part is the solution of the problem.By analyzing the sample data,this part firstly interprets the findings in the application,including how to grant leniency to the defendant who has criminal record,recidivist or reoffender,the understanding status of the victim,the idea of applying leniency to joint crime,and the leniency under the circumstance of not fully admitting guilt and accepting punishment and so on,aiming at solving and thinking the problems in practice.The fifth part is the suggestions.Through prospecting of the future,it leads to the necessity of extending the lenient way in this system.This paper puts forward some suggestions for leniency,such as replacing freedom penalty with fine penalty,relaxing the application conditions of probation,and adjusting pretrial compulsory measures reasonably.The sixth part is the summary of the article,which summarizes and reflects the main points of the article,and expects the wider development of the leniency system in China.