Research On The Implementation Of Leniency System Of Confession And Punishment

With the social development of our country entering a new era,the rule of law has also come to a historical period of comprehensive deepening.The judicial reform is still in progress,and it is pushing forward toward the optimization of judicial resources and the improvement of litigation efficiency.The reform of the litigation system centered on trial and the implementation of the policy of combining punishment with leniency have always been the focus of the criminal procedure law circle.The leniency system of confession and punishment included in the new criminal procedure law is also to complete a more scientific and reasonable allocation of judicial resources on the basis of pursuing fairness,justice and efficiency.In relatively complex criminal cases,the limitation and shortage of the existing judicial resources have become an important factor restricting the efficiency of litigation.To solve this dilemma,we must divide the cases from the root to reduce the burden of judicial litigation,so that the crime can be treated in time,disputes can be resolved in time,and promote the construction of a harmonious society.Although there are still many problems in the application of leniency of confession and punishment,we must admit that as a system running through the whole process of criminal procedure,it breaks through the boundary between the entity and the procedure,which is of great significance to the realization of the entity justice and the procedure justice,so it is also of great value to the study of the problems in the application of this system.This paper mainly uses three research methods,including literature analysis,comparative analysis and experience summary.And my research is divided into three parts to show in this essay:Chapter I is the introduction.Research background,purpose and content could be mainly written by through introduction.Chapter II is the basic content of the leniency system of confession and punishment.Starting from the logical starting point of the problem research.At the same time,the author also analyzes and discusses the hot issues such as the connection and difference between the leniency of confession and punishment system and other related systems.Chapter ? is the analysis of the problems existing in the implementation of the current leniency system of confession and punishment.At present,there are many "bottlenecks" in the process of investigation,examination and prosecution,and trial.Chapter IV puts forward some suggestions to improve the leniency system.We need to improve the guarantee mechanism of the voluntary confession and punishment of the accused;second,we need to pay attention to the restriction of public power in sentencing consultation,on the one hand,we need to further improve the status of the defense.Third,we should make clear the situation that the accused enjoys the right of absolute appeal and limited right of appeal after pleading guilty and punishment in the first instance.