Research On The Risk Control Of The Leniency System For Pleading Guilty And Punishment

On September 3,2016,the Standing Committee of the National People's Congress passed the Decision on Authorizing the Supreme People's Court and the Supreme People's Procuratorate to Conduct the Pilot Program of the leniency system for pleading guilty and punishment in Criminal Cases in Certain Areas,officially opening the prelude to the pilot program of the leniency system for pleading guilty and punishment.As of November 2018,the two-year pilot program has achieved good results.The practice shows that the leniency system for pleading guilty and punishment is in line with China's national conditions and judicial principles.It plays a significant role in distributing complicated cases from simple ones,improving judicial efficiency,and strengthening the guarantee of human rights.However,with the promotion and application of the system,the risks and disadvantages of are gradually exposed,such as the forced confession of a criminal suspect leads to wrongful convictions,the reduction of the objectivity of prosecutors and the standard of legal obligation,the psychological damage of the victim's relief right and punishment expectation,the breakthrough of the standard of legal evidence proof,the conflict with the basic principles of criminal law,and the judicial corruption.It is necessary to construct and perfect the risk control mechanism of the system,which will play an active role in upholding the principles of criminal justice,strengthening the protection of rights and preventing judicial corruption.Based on the problem oriented,trial centered lawsuit system reform goal,starting from the present stage our country basic national conditions and development status of the rule of law,analyzing of the the advanced experience of analysis domain inside and outside,this paper puts forward specific risk prevention and control suggestions from the two aspects of improving the litigation rights protection mechanism and the judicial power restraint mechanism,such as strengthening the legal assistance for criminal suspects,strengthening the protection mechanism of lawyers' rights,legalizing the victim's right to participate and creating a limited consultation mechanism to restrict the entity content,refining and improving the guidance for case handling,establishing a comprehensive multi-level review mode,deepening the implementation of the judicial responsibility system,and building a diversified supervision mechanism.Hope that buildan effective risk prevention and control mechanism to ensure the normal and healthy operation of the system of lenient confession and punishment,and to promote the realization of the judicial goal of both efficiency and fairness.