An Empirical Study On The Leniency Of Guilty Admission And Punishment Acceptance

The system for leniency of guilty admission and punishment acceptance(hereinafter referred to as "the System")was first implemented in Shanxi Province after the modification of Criminal Procedural Law,which poses higher demands and more challenges for judicial organs and case handling specialists of Shanxi.Improving capacity requires understanding the implementation of the system and resolving practical disputes.This article adopts the empirical research method to collect the jurisprudence published in Shanxi Province in 2019 published by the Referee Documents Network,and collate,classify and compare the case data.The author found that Shanxi Province is still in the early stages of the leniency system.The System are mainly applicable to misdemeanor crimes represented by dangerous driving crimes,which reflects the low application rate of violations of private legal benefits,and the low application rate of duty crimes.The sentencing recommendations of the procuratorate are mainly based on the range of sentencing recommendations.The court has a high rate of adoption of the sentencing recommendations,and most of them give lighter judgement to the sentencing recommendations.1n terms of appeals,the cases appeal rate of the System in Shanxi Province is higher than that in the whole country.In terms of the appeal,Shanxi Province has a high appeal rate of cases,and there is a risk of malicious appeals in practice.Combining the practice and characteristics,the author finds that there are three main problems in the practice of the System in Shanxi Province.The first is that some judges believe that the system violates the judge's sentencing power and contradicts the system;the second is that the procuratorate have insufficient sentencing capacity;the third is that the procuratorate have insufficiently cracked down on malicious appeals.Finally,the author has made four suggestions for the continuation to implement of the System in Shanxi Province.The first is to advance the accuracy of sentencing recommendations based the ability of prosecutors.The second is to standardize the conditions under which prosecutors' rights to protest can be exercised and prevent the malicious appeals.The third is to refer to the situation of reimbursement and the victim's right of opinion in the determination of "accepting punishment".