Study On The System For Imposing Lenient Punishments On Those Pleading Guilty Or Accepting Punishment

In this paper,the status and role of procuratorial organs in the perspective of the procuratorial organs is guilty recognize the pilot work of the punishment leniency system as the breakthrough point,analyzes the procuratorial organs in handling the penalty in the case of lenient plea and its deficiency,puts forward how to perfect the procuratorial organs can recognize penalty system for confession the leniency system.There are four chapters,and the main contents of each chapter are as follows:The first chapter is an overview of the basic theory of guilty plea and lenient punishment system.Firstly,the connotation of lenient punishment,pleaded guilty to recognition and application of the stage,and then introduces the plea recognition reference and pilot implementation of the punishment leniency system,including the study of China's and foreign origin,based on the analysis of the pilot of our country's guilty penalty leniency system in China is a different from the new judicial procedure the system is a systematic and legal policy.The second chapter is about the role of the procuratorial organs in the system of confession and punishment.This is the legal basis of procuratorial organs participation that pleaded guilty penalty system,the procuratorial organ has the rightof public prosecution and litigation supervision,the main role in handling confession recognize cases of prosecution is lenient penalty and the supervisor,guidance and supervision of investigation,criminal suspects and defendants in the known facts and evidence of the case of voluntary guilty penalty.At the same time,the procuratorial organ applies the leniency system of guilty plea and punishment,which has the function of procedure diversion,reducing the burden of public prosecution and standardizing the sentencing proposal,and ensuring the effect of confession and punishment.The third chapter is the present situation of the trial system of the plea for leniency.First introduces the status of the practice of procuratorial organs for guilty penalty cases handled leniency system,then taking Shanghai city as the research object to introduce the Shanghai city procuratorate for guilty recognize the basic situation and characteristics of penalty leniency system,finally introduces the procuratorial organs are applicable to the presence of guilty penalty leniency system and analyze the problem.The fourth chapter is about the mechanism that the procuratorial organs should apply the leniency system of confession and punishment.The first is to strengthen the procuratorial organ function,and the key is to ensure that the facts are clear,there is ample evidence of the standard of proof,in order to guide the investigation and trial activities,to ensure that the accused of the crime and the sentencing proposal recognized by the court to accept.Secondly,it is suggested that the procuratorial organs should strengthen the integration of internal mechanisms in the system of pleading guilty and lenient punishment,and establish relevant supporting systems,so as to give full play to the advantages of the system.