Thesis On The Perfection Of The Lenient System Of Pleading Guilty And Accepting Punishment In China

Under the background of comprehensively governing the country according to law and judicial reform,it has become the main objective to promote the reform of the “trial-centered” litigation system,implement the criminal policy of “combining punishment with leniency”,and realize the optimal integration of judicial resource allocation.To build the lenient system of pleading guilty and accepting punishment,carry out the division of criminal cases from the source under the premise of ensuring fairness and efficiency,and let limited judicial resources allocated for relatively complicated criminal cases,is meaningful to solving the shortage of judicial resources in China,alleviating the problem of too many cases and too few people,resolving social disputes in a timely manner,and reducing the burden of judicial litigation,etc.The lenient system of pleading guilty and accepting punishment is a system that applies to cases with the guilty plea,runs through the entire process of criminal proceedings,and contains both procedures and entities.However,there have been some problems since the implementation of the lenient system of pleading guilty and accepting punishment.Based on this,this paper adopted methods such as literature analysis,comparative analysis,and experience summarization to sort out the basic content of the lenient system of pleading guilty and accepting punishment,collate the concepts of “pleading guilty”,“accepting punishment”,“lenient”,etc.,explore ways to improve the system fromthree aspects on the basis of analyzing relevant systems at abroad:Consider and determine the scope and criteria of the lenient system of pleading guilty and accepting punishment from aspects such as attitude toward admission of guilt,restoration of legal benefits,and criminal policy;accurately grasp the certification standards,and while keeping the flexibility of the standard of proof,set up the safeguard mechanism to ensure the defendant's voluntary confession,including providing legal assistance and letting the lawyers explain to the defendants the meaning of confession so as to make sure they make rational choices;establish a cohesive mechanism of program rotation suitable for the defendant's going back on their words to safeguard the basis of legitimacy,accord consistent judgments to similar cases,and avoid false and erroneous cases;give the litigant options to apply the system to safeguard the voluntariness and authenticity of the litigant's pleading guilty and accepting punishment.