The Predicament And Introspection Of The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment

After two years of piloting in some areas in China,the Criminal Procedure Law revised in 2018 has formally established the system of leniency on admission of guilty and acceptance of punishment,which is not only a summary of the practice but also a response to some key issues.Regrettably,the problems emerged during the piloting period are still has not been properly settled in the new Criminal Procedure Law revision.The system of leniency on admission of guilty and acceptance of punishment aims at comprehensively implementing the criminal policy of combining punishment with leniency and optimizing the allocation of judicial resources.However,the system has exposed some problems both in theory and practice,such as the unequal status between the prosecution and defense,the imbalance of justice and efficiency,and the trial became a mere formality.These specific problems also reflect the fact that the basic theory of criminal procedure law lags behind the judicial practice.The root of the problem lies in the fact that the system of leniency on admission of guilty and acceptance of punishment cannot develop healthily in the inquisitional system,and the lack of legal provisions makes the system land in a predicament in the macrostructure,worsens the disparity between the prosecution and the defense and marginalize the defenders and victims as well,which is also an epitome of the imperfect litigation rights guarantee in the criminal procedure law.This paper starts with the intension of the system of leniency on admission of guilty and acceptance of punishment acceptance and analyzes its background,then makes a comparative study of the similar systems abroad,analyzes the characteristics and similarities and differences of the systems to explore possible paths for reference.Through the preceding analysis and research summarizes the problems of the system of leniency on admission of guilty and acceptance of punishment.To be clear: the study of the predicament of a legal system is not to negate it completely,but to dig out the root causes of problems and reflect on them thereupon then propose solutions purposefully.The core solution is to make the consultation between the prosecution and defense based on equality.Secondly,court trial should be attributed to substance,justice and efficiency should both be considered,and the standard of proof should be strictly observed.Moreover,the litigation rights of the defenders and victims should be guaranteed.