An Empirical Study On The Application Of Judging Procedures Under The System Of Leniency

The contradiction of more criminal cases with less criminals is prominent due to more minor crimes condemned and the strong concealment of Internet crimes,etc.By referring to the Plea Bargaining System and other similar systems,China has made laws on criminal policies such as “leniency programs” and “tempering justice with mercy”,which actively guide suspects or defendants to voluntarily make truthful confessions,admit criminal facts and voluntarily accept punishments to repair the damaged social relations as soon as possible and attain the expected purposes of the diffluence of cumbersome cases and simple cases and the saving of judicial resources.After summarizing and absorbing consensuses from pilots and amending the Criminal Procedure Law,the system of leniency(hereinafter referred to the “System”)has been ultimately introduced to the whole nation.The adaptability of the System has caused the change of judging procedures.The Criminal Procedure Law has established special and independent quick judging procedure to solve given cases that criminals confess to crimes and accept punishments,and has embedded the System in judging procedures such as simplified procedure and common procedure through the simplification of procedures.However,the empirical study has found that there also exists different standards on starting the System.After the applying of the System,except for the procedural quick judging procedure,both the simplification and transformation rule of embedding procedural judging procedure and the conversion rule of judging procedure have been studied.The System and judging procedure are combined to build a rigid model and investigate elastic changes.In view of system design and procedure design with standardization and modeling,both the System and judging procedure are rigid,and an applicable quick judging procedure under the System is produced through the combination.Nevertheless,according to the results of the empirical study,the trial of applicable quick judging procedure under the standardized System and judging procedure is strictly limited by applicability.There are some breakthroughs on punishment acceptance standard,etc.,having produced some trial procedure modes such as simplified summary procedure and simplified common procedure which are applicable for the System.As the outcome of the combination,such procedure modes are distinct from those trail procedures with standardization and modeling.Similarly,there is also a problem which transforms the quick judging procedure of independent applicable procedure and simplified trail procedure of embedded applicable procedure under the System to the standardized common procedure and reversal.The conditions which trigger the applicability and variation of the above rules are hackled through the empirical study.