On The Role Of The Litigants In The Lenient System Of Admission Of Guilt And Punishment

The lenient system of pleading guilty and confessing punishment,is a major reform of China's criminal litigation system,and it is the great achievements of comprehensively deepening the reform of the judicial system.It is of great practical significance to perfect the criminal procedure system,punish crime in time,strengthen the judicial guarantee of human rights,promote justice,and realize the unification of judicial justice and judicial efficiency.The original intention of the reform of the lenient system of pleading guilty and confessing punishment,is to solve the contradiction of many cases and fewer people in judicial practice.At present,this system has been incorporated into China's criminal procedure legal system.For the lenient system of pleading guilty and confessing punishment,many scholars and experts have shown a keen interest in this,and several insightful results have also been published one after another;Many judicial practitioners have also put forward many relevant opinions and suggestions in the implementation of the lenient system of pleading guilty and confessing punishment.In spite of this,however,the transition from a confrontational justice system to a cooperative justice system will be accompanied by problems such as the transformation of ideas,balance of interests,and operability of practice.The author intends to analyze the current status,role and rights of the various litigant participants under the lenient system of pleading guilty and confessing punishment,with a view to discussing the advantages and disadvantages,identifying loopholes,and improving the content.More clearly combing out the status and relationship of the participants in the litigation under the new system,it is intended to make the system of confession and punishment better achieve the purpose of fairness and efficiency unity.There are four parts in this article,not including the introduction,a total of about 20,000 words.The first part is the purpose and significance of the lenient system of pleading guilty and confessing punishment.Fairness and efficiency have always been the pursuit of the value of criminal proceedings.China's total criminal offenses remain high.Under the contradiction between the increase of criminal cases and the effective judicial resources,the rapid Processing of criminal cases comes into being.The lenient system of pleading guilty and confessing punishment is a simplified procedure for criminal cases suitable for the National conditions of our country.It has the important significance of promoting the simplification and diversion,optimizing the allocation of resources,improving the efficiency of litigation,timely punishing crimes,maintaining social stability,implementing tolerance and punishment,and optimizing the litigation structure.The second part mainly elaborates on the duties and positions of public security organs,procuratorial organs and judicial organs in the current system,combining the status and role of lawyers,criminal suspects(defendants),and victims under the lenient system of pleading guilty and confessing punishment.This paper puts forward the contradiction between the lenient system and the "trial-centered" system,and how to improve the victim's status.The third part is about the ideal state of each participating in the subject status and relationship under the lenient system of pleading guilty and confessing punishment.The focus is on the position of the procuratorial organs under the lenient system of pleading guilty and confessing punishment,giving full play to the role of pre-trial filtering,continuing to correctly exercise the right to prosecute,and strictly regulating the right not to prosecute.Secondly,we hope that through the system construction,the victims will be given more rights in the system of confession and punishment.At present,although the lenient system of pleading guilty and confessing punishment has been formally incorporated into the criminal procedure law system,there are still some problems and difficulties,as well as some disputes or drawbacks.The author hopes to improve the rationality and practicability of the whole system through the continuous enrichment of the theory.