The Study On System Of Leniency On Admission Of Guilty And Acceptance Of Punishment From The Procuratorial Perspective

The Fourth Plenary Session of the 18 th CPC Central Committee reviewed and adopted the "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Ruling of the Country According to Law." It proposed to improve the system of leniency on admission of guilty and acceptance of punishment ".This decision is a practical need for optimizing judicial resources.This beneficial exploration of concrete and institutionalized criminal policies is of great significance to the improvement of our criminal justice system.Judging from the practical results,the trial of the system of leniency on admission of guilty and acceptance of punishment has relieved the pressure in the current judicial practice to a certain extent,and has achieved positive results in promoting social harmony and stability.During the operation of the system,the prosecutors are in a central position.They should play a leading role in the diversion of procedures,the pre-trial procedures and the negotiation of guilty pleas.How to play the functions of the prosecutors better and promote the the system of leniency on admission of guilty and acceptance of punishment to be legalization and standardization become the key to the effective operation of the plea bargaining system.From the perspective of prosecution,this article takes the trial of the systemof leniency on admission of guilty and acceptance of punishment as the research object,bases itself on theory and demonstration,observes phenomena,analyzes problems,and reflects on reasons,so as to propose a perfect solution.The full text is divided into four chapters to study the system of leniency on admission of guilty and acceptance of punishment from the perspective of prosecution:The first chapter is the theoretical overview of the system of leniency on admission of guilty and acceptance of punishment.This chapter begins with the nature and orientation of prosecutors,analyzes and demonstrates the deserved nature of the system of leniency on admission of guilty and acceptance of punishment of the procuratorial organ,and then makes a combing of the functional orientation of the procuratorial organ in the plea leniency system.Finally,from two angles of fairness and efficiency to analyze the significance of the leading plea and punishment system led by the procuratorial organ,and lay the foundation for the follow-up research..The second chapter analyzes the position and function of the prosecutors of the Anglo-American law system and civil law system countries from the perspective of comparative research.The extraterritorial system of extraterritorial and plea leniency is of the same value as the American plea bargaining system,the British plea bargaining system,the pretrial pleading procedure in France,the German criminal consultation system and so on.By observing the power basis and specific operation of the prosecutor in these systems,we can sum up the experience of the extraterritorial systems and provided the basis for the improvement of the system of leniency on admission of guilty and acceptance of punishment in China.The third chapter is based on the practical exploration of the system of leniency on admission of guilty and acceptance of punishment from the perspective of procuratorial,and analyzes the problems through the analysis of practical situations.This chapter analyzes the practice of the system of leniency on admission of guilty and acceptance of punishment from the legislative practice and pilot practice,pays attention to the normative documents issued at the national and local levels in the legislative practice,analyzes the characteristics of legislation and the points to be improved.and analyzes whether procuratorial organs play their due functions andwhether there are difficulties in operation.On the basis of the analysis of practice,this paper analyzes the problems of the system of leniency on admission of guilty and acceptance of punishment from the perspective of prosecutorial perspective.On the one hand,there is a problem that the procuratorial organs are not well coordinated with the investigation organs,and the procuratorial organs and the judicial organs have ununified opinions on the trial simplification in the process of applying the system of leniency on admission of guilty and acceptance of punishment.On the other hand,the pilot work has put forward new requirements for the work of procuratorial organs.Procuratorial organs are facing some difficulties and need further research and solution.The fourth chapter puts forward the concept of perfection of the system from the perspective of prosecution.First of all,in order to promote the simplification of the whole process of the case,we need to improve the system under the guidance of the procuratorial organ,construct the prosecution to guide the investigation mechanism,optimize the examination and prosecution link and simplify the trial activities clearly.These three parts are completed from the inspection and police relation,the operation of the procuratorial organs and the simplification of the trial procedure.Secondly,it is necessary to extend the procuratorial power.The application of discretion and sentencing suggestion is related to the conviction and sentencing of the cases.It is the most closely concerned part in the operation of the plea leniency system,and puts forward specific operation suggestions to expand the right of discretion and to standardize the right of sentencing.Finally,we will improve the supporting system and discuss it from three aspects: perfecting the responsibility system of the prosecutor handling the case,perfecting the protection mechanism of the rights of the defendant and constructing the multiple supervision mechanism.