Study On The Leniency Of Confession And Recognition Of Punishment

In 2016,China passed The Authorization of The Supreme People's Court And The Supreme People's Procurator ate about The Pilot Decision of The Leniency Sy'stem of Confession And Recognition of Punishment in Criminal C.ases,which started in Beijing,Xi'an and other 18 cities.In November,the Ministry of Public Security,the Supreme People's Procuratorate,the Supreme People's Court,the Ministry of National Security and the Department of Justice announced the pilot measures of the leniency system of confession and recognition of punishment in criminal cases in some areas(Hereinafter Referred to As Pilot Measures).At the 6th meeting of the 13th Standing Committee of the National People's Congress,on October 26,2018,it was decided to amend The Criminal Procedure Law of the People's Republic of China(Hereinafter Referred to As The Criminal Procedure Law),formally raising the plea of guilt from a lenient system to a legal level.At this point,the reform process from the initial attempt made to was basically completed.From then on,it has caused many valuable discussion of the theory and practice circle.However,both legal theory and judicial practice believe that at present,there are still many aspects to be improved in the system of confessing guilt and granting leniency.such as how to confess guilt and punish leniently lacks systematic regulations,There are problems in distinguishing and coordinating with the existing system,The degree to which the lawyer on duty guarantees the power of the criminal suspect is relatively limited,As well as the difficulties in the application of the compulsory measures of mitigation and so on.To a certain extent,the above problems lead to the lack of practical procedural guidelines and realistic selection criteria for the front-line case handlers in pleading guilty and pleading guilty.Comparing with the existing regulations and procedures,the lenient system of confession of guilt and punishment should determine the corresponding lenient range of sentencing according to the different circumstances of the accused's confession of guilt and punishment,and strive to construct a scientific and complete processing mechanism of confession and punishment cases,and distinguish the application boundaries between the lenient system and other procedures by the procedural characteristics of "consultation".At the same time,we should clarify the legal status of on-duty lawyers,standardize the process of legal assistance provided by on-duty lawyers,so as to enhance the effectiveness of legal assistance for on-duty lawyers,and pay attention to the comprehensive analysis and judgment of "social risk" factors by using scientific and technological means such as "big data".By modifying and perfecting the existing problems at the present stage,we can make them meet the characteristics and background differences of the leniency system of pleading guilty and pleading for punishment in China and the requirements of the practical operation effect,It is hoped that it will truly realize the value orientation and legislative task of simplicity and simplicity diversion and optimum allocation of judicial resources.