A Study On The System Of Leniency For Guilty Plea And Accepting Punishment In Investigation Stage

The investigation stage is a very important link in the criminal procedure.Whether it can be applied in this stage is widely discussed in the academic circle.In the voice of affirmation and negation,it can be found that the system can indeed achieve certain results in the trial stage,to achieve the complicated and simple case diversion.However,due to the consistent attention to the trial stage,the lack of attention to the pre-trial stage,but also because the provisions of the relevant implementation rules are not specific enough,so that the pre-trial stage is essentially difficult to achieve the diversion of the case.In November 2018,the amendment to the criminal procedure law was introduced,and the system of lenient punishment for guilty plea was formally incorporated into the legal system of criminal proceedings.At present,in the new socialist era,the surge of litigation cases has increased the pressure of the judicial organs,and the litigation resources are in urgent need of reasonable allocation.It can be seen that the lenient system of confession and punishment is the best response to this requirement.The deputy procurator-general of the supreme people's procuratorate recently interpreted the system,making it clear that the system can run through the entire criminal proceedings.Based on this,this paper puts the perspective applicable to the system in the investigation stage for thinking and research,and puts forward relevant issues and provide specific Suggestions for improvement.Therefore,this paper takes the leniency of confession and punishment as the logical starting point,starts from the perspective of the investigation stage,analyzes the legitimacy of the application of this system,and analyzes the rationality of its application from the theoretical and practical perspectives.Then,it analyzes the predicament of the current application of the system,puts forward the problem of obstructing its further progress,and finds countermeasures through the problems to get specific Suggestions,so as to give overall consideration to the application of the lenient system of confession and punishment in the investigation stage.This paper will be divided into four parts to study the application of the system in the investigation stage:In the first chapter of this paper,the author Outlines the lenient punishment system for guilty plea,analyzes the connotation and nature of the system,makes a basic introduction to the system,and then analyzes the form of the application of the system in the investigation stage.The second chapter mainly from two aspects of theory,reality in investigation phase for the justification of the system of plea greater forfeit,review of ancient Chinese in the system of the provisions shall be applicable to the similar investigation phase and related system,in the history of the timeline on the quest of the investigation phase for the system origin,then carries on the analysis from the theoretical basis and value,and from the current system in our country and judicial reality basis set out two aspects of investigation phase for the system to carry on the rational analysis,to our country in the investigation phase for the system to provide reliable support.The third chapter,after deeply summarizing the judicial practice in China,ponders the difficulties in the application of the system in the investigation stage,so as to focus on the improvement of the application of the system in the investigation stage.The fourth chapter is Suggestions to consummate the forfeit pleaded guilty at the investigation stage to apply specific proposals from the system,to carry out propagation work on the system,clear the applicable scope of objects,and formulated in compliance with the public security organs investigation phase applicable pleaded guilty to forfeit greater from a system of rules,perfecting the minor custody system,effectively raise the case-solving ability and the police law enforcement quality,to ensure that the accused man confessed forfeit their voluntary,maintenance of the right to defence on part of the accused person,supervision,strengthen the system of the process applicable to reconnaissance,pleaded guilty to forfeit their from the operation of the system can be reasonable,in the fair,on the basis of the implementation and simplified shunt case,improve the efficiency of litigation,The purpose of promoting the rational allocation of judicial resources.