Research On Leniency System For Confession And Punishment

The discussion of leniency has a long history,such as the leniency of surrender,the leniency of meritorious service and so on.The implementation of the criminal law amendment(8)means that leniency of confession has been formally written into the criminal law and has become one of the important criminal legal systems in China.The relevant provisions of confession and leniency of confession are also regarded as the concrete embodiment of "leniency of confession"| in China's law.Leniency of confession and punishment is also reflected in the provisions of punishment for suspension of crime in substantive law,reconciliation procedure and summary procedure in procedural law.The Fourth Plenary Session of the 18th Central Committee decided to improve the system of leniency of confession and punishment in criminal proceedings.After exploring the relevant pilot work of the quick adjudication procedure of criminal cases and the leniency system of confession and punishment,the Standing Committee of the National People's Congress passed the revision of the criminal procedure law,and the leniency of confession and pumishment was confirmed by legislation for the first time.However,the provisions on the leniency of confession and punishment in China's criminal laws and regulations are still scattered,there is no clear and unified system provisions with operability,and there are few provisions on the participation of victims,and the right of participation of victims is often not fully guaranteed in criminal justice practice,which leads to the realization of the right of victims to participate in confession and punishment.With the continuous acceleration of the process of socialist rule of law and the deepening of the reform of the judicial system in China,although the implementation of the leniency system of confession and punishment has achieved some results in the realization of the separation of complicated and simple cases,the promotion of the quality and efficiency of criminal cases,the realization of judicial fairness and justice,and the settlement of social contradictions and the promotion of harmony.However,in the face of the leniency of suspects and defendants,the lack of criminal legislation,the lag of litigation procedure and judicial concept are more prominent,which also restricts the development and improvement of the system.Therefore,this paper will start with the current provisions on leniency of confession and punishment,analyze the relevant concepts and research status,and then analyze the current situation and existing problems of this system in China.After a comprehensive understanding,it points out that in the leniency of confession and punishment system,the criminal litigation legislation does not give the victims enough space for activities and important litigation status,victims The important role of human participation cannot be highlighted.At the same time,it is proposed that the protection of the victim's right to participate should follow the basic principles of full protection and respect for the victim's personal and dignity,effective relief for the victim's personal and property rights,and efficient operation of the protection system.The victim and his close relatives should be given the corresponding authority to participate in the case of lenient confession and punishment,and the content and degree of participation should be clearly defined,as well as the victim's full protection People and their close relatives have the right to know the relevant facts of the case,and the right to issue sentencing suggestions to the accused.To ensure the victim's participation in the whole process of sentencing the accused,to give the victim the opportunity to supervise and restrict the application of leniency system,to restrict the judge's exercise of discretion,and to play an important role in preventing the abuse of judicial power,preventing the occurrence of events that damage the judicial authority,such as "hiring top package"and "paying for punishment".The perfection of the leniency system of confession and punishment requires all parties to attach great importance to and cooperate with each other,and develop it into a systematic and systematic legal procedure to be implemented.In this paper,the subject of participation,the scope of application,the start of the procedure,the realization of the victim's right to participate,the scope and limitation of leniency,supervision and other aspects are discussed in order to provide some solutions and suggestions for the problems existing in the leniency system of confession and punishment in China.