On The Operation View And Improvement Of The Plea And Punishes Leniency System

The implementation of the plea and punishes leniency system is related to the criminal policy of "tempering justice with mercy",but not completely reflect the requirements of the this policy.Its implementation has important significance for diversion of criminal cases and achieving "quick trail of light cases and attentive trail of disputed cases”.Its consultative and concept of restorative justice and protecting the legal rights of the accused and the victim is serviceable to help the accused return in society and maintain social stability.The law of criminal procedure has fixed it as a spiritual principle and runs it through the law of criminal procedure.At the same time,as a new norm,it should also be ensured by a set of operating procedures so as to guarantee the legal implementation of legal system.However,due to its immature development,a series of problems have emerged in practice,such as the scope of application,the testification standard,the authority of organs of government,the range of leniency,and the protection of victims' rights.These problems need to be solved deeply.This paper is divided into four parts.The first part defines the concept of the lenient system of pleading guilty and confessing punishment.Through analyzing the different viewpoints of scholars from three aspects,the author draws his own interpretation.The second part is about the introduction of the development status and problems of the lenient system of pleading guilty and confessing punishment in China,for expounding the reveal the problems from the status.And then discuss those problems from three aspects: concept,legislation and judicature.The operation situation is expounded from four aspects,including the scope of application,the stage of application,the procedure of application and the lenient sentencing mechanism.The main problems in legislation are unclear proof standard,lack of a uniform sentencing system,insufficient attention to the protection of the rights of victims.In judicature,it is about narrow range of application and unreasonable authority of organs.The third part discusses the value of the lenient system of pleading guilty andconfessing punishment,analyzes the problems based on its value,and further discusses these problems later.The clearer the value orientation,the better the operability and practical effect will be.Therefore,it is more convincing to analyse problems from the perspective of clear value orientation.The fourth part,based on the analysis of problems and causes,putting forward to suggestions from two aspects: the improvement of supporting measures and the carrying out the system of the law of criminal procedure.First,persist in the standard of testification of “facts are unquestionable and proofs are reliable and sufficient”;secondly,explicit sentencing norms;third,to strengthen the protection of the rights of the victims;and finally to define the authority of the organs legitimately.