The Research In Lenient Punishment In The System Of Lenient Punishment For The Admission Of Guilty And Acceptance Of Punishment

After the completion of the pilot project of lenient punishment for the admission of guilty and acceptance of punishment,the 6th session of the 3rd Standing Committee of National People's Congress ratified the amended Criminal Procedure Law of the People's Republic of China,summed up the experience of the pilot project,legislated and perfected the system of lenient punishment for the admission of guilty and acceptance of punishment in criminal proceedings by taking advantage of achievement from feasible,reproducible,and pragmatic juridical practice.As an elaborate comprehensive system with a wide range of application,the system of lenient punishment for the admission of guilty and acceptance of punishment is consistent with domestic juridical practice and the growing trend of criminal proceedings.However,the system of “lenient punishment”,a subsystem in the whole system,is the ultimate goal and will play a positive part in encouraging criminal suspects' admission of guilty and acceptance of punishment if properly usedThe first part of the paper introduces the reason for selecting this topic,research status,research mentality and technique.The second part illuminates the backgrounds of the system and expounds on connotation of the system of admission of guilty,mainly under the pressure of more people and fewer people,the judiciary urgently needs a system that can simplify the procedure and improve the efficiency of litigation.And then the system of acceptance of punishment and the system of lenient punishment.Focus on grasping the leniency system according to law and lenient according to law,we can follow the three principles of leniency and moderate leniency.The third part elaborates legislative foundation of the system and its core value.The system of confession and punishment leniency is not a simple imported product,but a scientific system which draws lessons from the relevant practices of foreign countries on the basis of the existing entities and procedures,and sums up the pilot experience.The fourth part presents substantive rules of the system of “lenient punishment”,its present application and its deficiencies.Among them,there are some problems,such as imperfect entity specification,vague leniency standard,unreasonable programming,etc.The fifth part puts forward that it is necessary to construct entity "leniency" system,perfect entity leniency specification and make clear the range of "leniency".Reshape the applicable mode of procedure "leniency" and clarify the main responsibilities of the procedure "lenient".The sixth part first summarizes the present situation of the review mechanism of the system of confession and punishment,and then puts forward the improvement of the examination and supervision mechanism.Hope puts forwards targeted examination and supervision mechanism to ensure the legitimacy of the system of “lenient punishment”,in the hope of promoting its effective enforcement.