On The Legal Basis Of Confession And Punishment

With the amendment of Criminal Procedure Law in 2018,the system of lenient punishment for confessing guilt has been formally established.Through the application of lenient confession of guilt and punishment,it can effectively play the role of the system,make the suspects and defendants voluntarily confess guilt and accept penalty punishment.The procuratorial organs can put forward lenient sentencing suggestions according to the circumstances,and achieve substantive justice.On the other hand,for confession of guilt and punishment cases,it can apply the criminal quick adjudication procedure,shorten the criminal case handling cycle,and save the judiciary.Resources,improve litigation efficiency.Plea guilty and lenient punishment in judicial practice present the following characteristics:1.Flexibility in application;2.High application rate.Judging from the case of remorse after Sheng pleaded guilty,there is still room for further improvement in the leniency system.After confessing his confession and punishment,Sheng Mou considered that the sentence in the first trial was too heavy,so he appealed,and then the prosecutor's office protested.After the court of second instance accepted the protest of the Procuratorate,the decision of the second trial increased Sheng's punishment.It is found through the case that the trial has been carried out to the formal establishment of legislation.The confession and confession penalties have achieved good legal and social effects.However,there are still inadequacies,which are mainly reflected in:1.The verdict against the confession after confession and confession is lacking.The legal reasons for protest;2.The relevant regulations on repentance after confession and confession are not clear;3.The standard of lenient sentencing is relatively vague.In the face of such judicial difficulties,the author believes that there should be targeted solutions from three aspects:1.increase the statutory cause of protest by the procuratorate;2.make explicit provisions on the issue of repentance after confession and confession;Standard and amplitude.In order to better complete this paper,the framework of this paper is determined as follows:The first part:the basic theory of lenient punishment for confession of guilt.Through the definition of guilty plea,the understanding of lenient punishment and the study of human rights protection from the criminal perspective,the basic concepts can be clearly defined.At the same time,through the elaboration of the significance of the establishment of the system,in order to clarify the core purpose of this article.The second part:the introduction and analysis of the case.Through the analysis of Sheng Mou' s plea of guilty and repentance cases,we can have a clearer understanding of the shortcomings of lenient punishment in the specific application of plea guilty,so as to propose targeted solutions.Part three:Legislative conception of lenient punishment for guilty plea.Faced with the shortcomings in judicial practice,we should improve it from three aspects:increasing the statutory reasons for prosecution protest,clarifying the matters of confession and punishment,and establishing the scope and standard of lenient sentencing.While enforcing judicial application,we can effectively safeguard the legitimate rights and interests of criminal defendants.