Research On The Judge’s Function In The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment

The system of leniency on admission of guilty and acceptance of punishment refers to the law in criminal cases in which criminal suspects and defendants have reached a consensus with the procuratorate on the charges and facts of the prosecution in order to obtain a relatively lighter sentence and a faster trial procedure system.The development of this system has shown the steady progress and implementation of China’s judicial reform.But at present,the system is still at an early stage,and there are many problems and disputes in theory and practice.This article starts with the functions of a judge in the leniency system.As an important role in criminal cases,judges correctly grasp their own positioning and role,and actively exercise the functions,which are more conducive to the realization of the defendant’s rights and achieve the significance pursued by the system.The first part of the thesis mainly discusses the position、the characteristic and value of judges in this system.Based on this,accurately grasping the judge’s due functions in the system,which will help judges understand the trial thinking and distinguish them from traditional cases.The second part is mainly the study of foreign related systems,which analyzed the plea bargaining system in the United States,the negotiation system in Germany,and the plea bargaining procedure in Italy,expounded the functions of judges in different systems,in contrast to the judges in China,and discussed learning and thinking from relevant foreign systems.The third part mainly analyzes the problems of the function of judges in the system of leniency on admission of guilty and acceptance of punishment.According to the actual case data and literature research,the dilemma of the functioning of judges is discussed from four aspects:changes in power,focus of trials,relief programs and certification standards.The fourth part combines the system of domestic and foreign institutions and the functioning of the function of judges,analyzes the causes of the dilemma from three aspects,and paves the way for proposing solutions.The fifth part is based on the problems and reasons analyzed above,which analyzes how judges can further improve the implementation of their functions in confession and confession.Combining the actual trial situation with the judge’s functions,the article puts forward feasible suggestions for improving this system.The end of the thesis is the conclusion,which is used to summarize the full thesis.The full thesis talks about the function of judges in the system of leniency on admission of guilty and acceptance of punishment,trying to put forward suggestions that contribute to the improvement of the system.