Research On The System Of Lenient For Pleading Guilty And Accepting Punishment

The system of lenient for pleading guilty and accepting punishment as a content of judicial reform in our country,the pursuit of efficiency as value,and the "trial-centered" litigation system reform and post system reform are in line with the current trend of criminal crimes.On the basis of the fair bottom line,the search for judicial efficiency.The system embodies the spirit of judicial tolerance.It is oriented to optimize the allocation of judicial resources.According to the nature and standards of certain cases,criminal cases are streamlined and diverted.Different court procedures are applied to achieve the value of fairness and efficiency.At the same time,the construction of this system has become the focus and hotspot of judicial reform in China.How to operate the program has become the focus of attention of all parties.There are still many problems in the current judicial practice in China that deserve further study.Therefore,this paper takes the system in China as the foothold of the system and analyzes the existing criminal justice system,reflects on and summarizes the existing problems,combines the relevant systems outside the domain,and puts forward feasible suggestions based on the national conditions of the country.This article is divided into four chapters,which provide an in-depth interpretation of the system and make recommendations for possible problems in practice:The first chapter is an overview of the system of lenient for pleading guilty and accepting punishment in China. First of all,we must clarify the basic connotation of several sets of concepts contained in the system,in order to understand the value and significance of the existence of the system.Studying the system requires a certain theoretical foundation to support,and only by guiding the practice with theory can we take less detours.In the current reform of the judicial system,in 2018,the Criminal Procedure Law established a confession and punishment system,and strived to cooperate and negotiate between the prosecution and the defense,forming a non-confrontational litigation pattern that is different from the traditional confrontation model.The second chapter is a comparative study of the system of lenient for pleading guilty and accepting punishment in China.In the analysis of similar systems in the representative countries of the Anglo-American legal system and the civil law system,including the United States,Britain,Italy,France and Russia,the extra-territorial systems have their own characteristics in operation,but they also have some common features.In this regard,we should analyze and investigate,sum up the similarities and differences between different countries and China's system of lenient for pleading guilty and accepting punishment,and "take the essence,go to its dross",and transform it into a legal system and legal procedures that match China's national conditions.The third chapter is based on the practice of the system of lenient for pleading guilty and accepting punishment in China.The practice of the system will inevitably reflect certain problems,and there are certain discrepancies with the reform ideas and the expected results.We need to use a variety of research methods to discover problems.If the arbitrariness of pleading guilty is not clear in legislation and practice,the voluntary nature of the pleaded guilty of the prosecutor is difficult to be guaranteed,and the case diversion mechanism that runs through the whole process of criminal proceedings is not established,and the rights of victims are ignored. If these potential problems are not resolved in time,the implementation of the system will be restricted.The fourth chapter mainly discusses the understanding and application of the system of lenient for pleading guilty and accepting punishment in China.In the previous chapter,after the basis of comprehensive and multi-level analysis of the key issues existing in the system of lenient for pleading guilty and accepting punishment,the existing criminal summary procedure,criminal reconciliation system and criminal procedural procedure are used to link the problem.Propose a set of operational system operation mechanism to guide judicial practice and solve practical problems. In the process of implementing the system,in the case of pleading guilty,whether it is the procuratorial organ or the people's court,the voluntarily pleaded guilty of the acquitted person should be examined according to strict standards,avoiding the exploitation of legal loopholes and affecting the judiciary.Authoritative,but also to build a cross-disciplinary mechanism throughout the criminal procedure to protect the rights and interests of victims,effectively avoiding the potential risks of pleading guilty in the criminal procedure.