On Lenient System Of Pleaded Guilty And Recognized Fine

The lenient system of admission of guilt and punishment refers to the legal system that criminal suspects and defendants voluntarily confess their crimes,have no objection to the charges of criminal facts,agree with the sentencing recommendation of the procuratorial organ,and voluntarily sign the confession of guilt and punishment statement,and can be dealt with leniently according to law.The criminal procedure law of the People's Republic of China,amended in 2018,for the first time established the lenient system of admission of guilt and punishment in the form of legislation,and formulated the system as an independent litigation principle.This is a major reform in the field of criminal procedure in China.It is an important way to fully implement the criminal policy of tempering justice with mercy,improve the criminal procedure system in China,optimize the allocation of judicial resources,and improve the efficiency of litigation on the basis of judicial justice and human rights protection.With the formal implementation of the system of leniency in admission of guilt and punishment,remarkable achievements have been made,which not only realizes the separation of complicated criminal cases,improves the quality and efficiency of criminal justice,organically unifies judicial justice and efficiency,but also dissolves social antagonism to a certain extent and promotes social harmony.But at the same time,the system also exposed some problems and imperfections,mainly as follows: the equal negotiation and communication mechanism between the prosecution and the defense has not been established,resulting in insufficient negotiation.The voluntary examination rules for admission of guilt and punishment are not clear,and there is no unified standard for examination and judgment,and the examination is merely a form.The duty lawyer's right to participate in the procedure is not guaranteed.The exercise mechanism of the defendant's right to withdraw is not clear and difficult to operate in practice.The victim's participation in the process of rights protection is insufficient,and the victim's opinions can not get due attention.The root cause of the problem is mainly caused by the restriction of traditional judicial value and litigation mode,as well as the imperfection of the specific mechanism and rules of the system of leniency of admission of guilt and punishment.This paper starts with the meaning of the system of admitting guilt,admitting punishment and leniency,and analyzes the connotation of admitting guilt,admitting punishment and leniency as well as the logical relationship among them,so as to summarize the characteristics of the system.In view of the above has summed up the admission of guilt and punishment leniency system problems,analyze the reasons.Through the investigation of the extraterritorial system of leniency in admission of guilt and punishment,we get enlightenment.On the basis of drawing lessons from advanced experience outside China,combined with China's national conditions,legal status quo and the actual situation of the leniency system of admission of guilt and punishment and the improvement of the leniency system of admission of guilt and punishment in China can be divided into two aspects.The basic principle and specific path of the leniency system of admission of guilt and punishment can be divided into five aspects.The five aspects are as follows: establishing equal consultation and communication mechanism between the prosecution and defense,promoting the consultation and communication between the criminal suspect and defendant and the judicial organ on a relatively equal litigation status,and guaranteeing the exercise of the legal litigation right of the criminal suspect and defendant;clarifying the specific rules of voluntary review of admission of guilt and punishment to facilitate the operation of judges and ensuring the smooth proceeding of the trial procedure;strengthening the protection of the right of the duty lawyer to participate in the procedure,and expanding the scope of the duty lawyer's right and participation stage,so that the function of the duty lawyer can be given full play;the exercise mechanism of the defendant's right to withdraw should be clearly defined,so as to protect the defendant's right to remedy and prevent its abuse from causing the waste of judicial resources;guaranteeing the victim's right to participate in the procedure,increasing the depth and stage of participation,and ensure the realization of the victim's right.