On The Knotty Problems Of Leniency System Of Confession And Punishment In China

I It is a new type of judicial system reform in China to establish the system of "leniency of confession and punishment".The criminal procedure law of our country has already stipulated two kinds of procedures for the defendant to voluntarily plead guilty and agree to apply the summary procedure.The summary procedure itself is a relatively simplified trial procedure compared with the ordinary trial procedure,but the facts of the case are clear,the evidence is indeed sufficient,and the defendant pleads guilty to minor criminal cases in the trial procedure The order is still complicated,especially in the case of the sharp increase in the number of criminal cases,and the number of criminal justice staff has not been expanded in a large scale.Obviously,the pressure and situation of handling cases with "more cases and fewer people" urgently need the follow-up reform of the litigation system.To this end,in June 2014,the Standing Committee of the National People's Congress authorized the Supreme People's Procuratorate and the Supreme People's court to carry out the pilot work of quick adjudication procedures for criminal cases in some large and medium-sized cities.For those minor criminal cases that may be sentenced to less than one year's imprisonment,more simple and quick quick quick adjudication procedures will be applied,along with the general procedures and summary procedures for criminal cases It constitutes the coexisting ternary trial procedure mode.This paper focuses on the unique role of procuratorial organs in the system of leniency of confession and punishment,which is divided into five parts:The first part is a comprehensive overview of the leniency system.The implementation of any good legal system needs to have its own legal characteristics and significance.As the basic legal system of the criminal procedure law of China,the leniency system of confession and punishment should rely on the new system to produce a new development mode,and the stage of examination and prosecution is an indispensable key link in the leniency system of confession and punishment.This part introduces in detail the reform motivation,pilot situation,connotation and characteristics of leniency system of confession and punishment in China.The second part mainly discusses the case scope of leniency of confession and punishment system,the consideration of substantive and procedural significance of leniency,and the further analysis of the connotation and essence of confession and punishment combined with the significance of confession and punishment system.The third part mainly introduces the guarantee of voluntariness and legitimacy of the leniency system of confession and punishment.Through the voluntary standards:(1)the public security judicial organs shall not compel the suspects and defendants to confess by torture,freezing,starving,fatigue interrogation and other forced methods;(2)the public security judicial organs shall not threaten and other methods that cause the defendants to suffer severe mental pain or pain to compel the suspects and defendants to confess;(3)shall not induce or cheat the confession.2.Standards of knowledge and wisdom:(1)the defendant and the criminal suspect should not only know the nature of the crime,but also judge the value of the criminal constitution,such as the self-defense behind the crime;(2)the recognition of the consequences of confession:This includes the consequences of punishment in substantive law,as well as the reduction of rights in procedural law,that is,it is applicable Summary procedure and quick decision procedure.3.Choose three parts to fully elaborate the voluntary standard in the case of leniency of confession and punishment.In the fourth part,through the contradiction between the litigation status and negotiation function of the lawyer on duty,the contradiction between the supervision function of the lawyer on duty and the "platform effect",and the contradiction between the lack of incentive of the lawyer on duty system,the author expounds the shortcomings of the current lawyer on duty system,and puts forward the methods and ways to effectively play the lawyer on duty..The fifth part focuses on the relocation of the three organs of the public prosecution law in the implementation of the leniency system of confession and punishment.The spirit of leniency of confession and punishment system,as long as the defendant "confession and punishment",the court should make lenient treatment,so the future criminal litigation cases should be divided into two types:one is the litigation procedure of the defendant's not confession,the other is the litigation procedure of the defendant's confession.For the second,the judicial organ should reflect the lenient punishment principle,that is,"Leniency in substance,procedure The system design thinking and guidance of "from the simple".Undoubtedly,the leniency of confession and punishment system is also an important reform measure of institutionalization and standardization of the criminal policy of "leniency of confession" with Chinese characteristics in the new era.The original intention of legislation reform still needs to be implemented and demonstrated through judicial practice.However,as a new litigation system in the field of criminal justice in our country,how can it implement the intention of legislation more effectively?Can the expected effect be achieved after implementation?What kind of practical problems will this system face?In this paper,from the perspective of the practice of judicial operation,the author makes an in-depth study and analysis of many difficult problems after the establishment of leniency system of confession and punishment.