Research On Lenient System Of Confession And Punishment

The lenient system of pleading guilty and penalizing is one of the important contents of the reform of criminal justice system in our country in recent years.It aims at establishing the procedure of lawsuit diversion between pleading guilty cases and not pleading guilty cases,solving the contradiction between more and less cases,and rationally allocating judicial resources.In 2016,China started the pilot exploration of the leniency system of guilty admission and punishment.Through two years' experiment,it shows that exploring the lenient system of guilty pleading and penalizing leniency can realize the diversion of complicated cases and save judicial resources.To improve the efficiency of litigation and maintain social stability is indeed an important role.However,in the process of the pilot,the voluntary nature of the accused is difficult to guarantee,and the role of the duty lawyer is limited and limited.The low participation of the victim is a series of problems.In order to effectively establish the results of the pilot work of the leniency system of guilty admission and punishment,and to further exert the role of the system of guilty admission and punishment,the revised Criminal procedure Law of our country on October 26,2018 made a clear provision on the leniency system of guilty admission and punishment.The provisions of the revised Code of Criminal procedure address some of the problems existing in the pilot process,including the incorporation into the law of a lenient system of confession and punishment as a basic principle,and the legitimacy of the application of the system of confessions,At the same time,the defense counsel comprehensive coverage system,strengthen the human rights protection of the accused.Of course,while affirming the positive significance of the legislative provisions,it should also be noted that since it is not possible for legislation to make detailed provisions on all issues relating to the system of leniency of guilty pleas and punishment,with the application of the system of leniency of guilty pleas,There is bound to be one problem or another in judicial practice.For example,by The extent of "leniency" is not stipulated in the legislation,which may lead to different standards of leniency in felony cases;At the same time,due to the lack of relevant provisions on simplified procedure,it may cause confusion of trial procedure in judicial practice,thus affecting the reform goal of "taking trial as the center".Furthermore,there is no stipulation on the right of estoppel and the right of appeal in the lenient procedure of pleading guilty and penalizing punishment,which is unfavorable to the relief of the parties' rights.In addition,the revised Code of Criminal procedure incorporates the duty lawyer system into it and adapts to the trend of human rights protection in a modern country ruled by law.However,the duty lawyer is positioned as "legal assistance",which may lead to the duty in judicial practice.Lawyers can not exercise the right to defense,lawyers help play a limited role,it is difficult to effectively defend the phenomenon.In view of the current practical situation,only on the premise of accurately locating the function of lenient system of guilty pleading and penalizing,to construct the mechanism of prosecution and defense negotiation procedure,and further strengthen the effective guarantee of the exercise of litigants' litigation rights.Only by establishing orderly connection and the mechanism of handling cases quickly can we effectively deal with the above problems and give full play to the function of the system of confession and punishment.