The Research On The Substantiation Of The Lenient System For Pleaded Guilty And Accepting Punishment

As a new system running through substantive law and procedural law,the System of Leniency for Pleaded Guilty and Accepting Punishment has a significant impact on the criminal legal norms and judicial models in China.Under the background that the judicial reform has been fully promoted and the Criminal Procedure Law has fixed it as a basic principle,it is necessary to make an in-depth study on the construction of substantive law of the system.The System of Leniency for Pleaded Guilty and Accepting Punishment originates from the development and evolution of policy to law,its reform purposes and value orientation have developed from the original unitary “separation of complexity and simplicity to improve efficiency” to the diversified form of “implementation of a criminal policy of combining leniency with strictness” led by “improving procedures”,“rational allocation of resources” and “improving case quality and efficiency”.In the future,China's criminal cases will gradually move towards the dichotomy between “confession and punishment” and "not confession and punishment”,which will inevitably lead to a lenient standard and litigation mode of “confession and punishment”,thus opening the way to “negotiation and cooperation” in justice.In the above context,the connotation of the lenient system of pleading guilty and accepting punishment should conform to the reform purposes and judicial prospect,“Pleading guilty” is to voluntarily and truthfully confess the facts and charges,“Accepting punishment” is voluntary acceptance of criminal punishment,including the declaration of punishment in the investigation stage,the approval of sentencing recommendation in the examination and prosecution stage,and no objection to the statement of pleading guilty and accepting punishment in the trial stage,“Substantial leniency” refers to various leniency measures,such as leniency in connection with crimes,leniency in sentencing,and leniency in application of probation.“Substantial leniency” is based on “criminal prevention purposes” and “criminal forgiveness”,“criminal prevention purposes” not only reflects the reduction of the need for special prevention supported by the theory of personal risk,but also guides the public to establish normative consciousness that criminal law order is inviolable and only by respecting the rules of criminal law can we get equal respect,which is conducive to the realization of general prevention.“Criminal forgiveness” shows the concept of modesty and tolerance in the criminal law,releasing appropriate forgiveness for minor crimes that have alleviated the contradiction by applying non-penalty method,which is conducive to dispelling hatred,preventing the accumulation of grievances and the expansion of conflicts.On the whole,the System of Leniency for Pleaded Guilty and Accepting Punishment can't be sentencing plot simply,considering the state policies of Party and the influence on the operation of criminal law,it is more reasonable to give the system the status of sentencing basis,which needs to be generalized in criminal law,and coordinate the relationship between surrender,confession and “Pleaded Guilty and Accepting Punishment”.“Substantial leniency” not only depends on the criminal law to provide a general basis,its specific leniency mechanism still needs to be refined by the judicial department,under the prevailing concept of negotiation and cooperation,the Supreme Court and the Supreme Procuratorate should consider to adjust the current opinion of sentencing standardization,Jointly promulgated the “Guiding Opinions on Standardization of Sentencing for Common Crimes”,strengthen the design of probation application,So as to build a leniency system with hierarchical characteristics,and to consolidate the foundation of the criminal substantive law for the leniency of pleaded guilty and accepting punishment.