Research On The Judicial Integrity In The Leniency On Admission Of Guilt And Acceptance Of Punishment

The judicial integrity in the leniency on admission of guilt and acceptance of punishment refers to that after the accused have confessed crime and accepted punishment,the three organs including public security organs,people's procuratorates and people's courts should strictly keep their words,giving the accused proper preferential treatment while without breaking the law.The three organs must conscientiously fulfill the duties and obligations required by the system of leniency on admission of guilt and acceptance of punishment in principle,so as to ensure its smooth progress.The staff of the three organs ought to regard integrity as the starting point when performing the leniency on admission of guilt and acceptance of punishment.For example,the investigators do not harm the accused's lawful rights and interests with deception methods during investigation or interrogation;the procurators cannot induce the accused to plead guilty or accept punishment with false promise or concealment during charge and defense consultation;the adjudicators should remain neutral and timely fulfill their judicial commitments during the court proceedings.The reason why the system of leniency on admission of guilt and acceptance of punishment reveals the problem of judicial integrity is that this system is embedded in the hearing-based opinion of the plea bargain,thus resulting in the accused's benefits of substantial trust.Based on reasonable trust,the accused believes that both the prosecutor and the defendant have reached the agreement truthfully and legally.In addition,they have firm faith that the procuratorate will abide by the promise of the Confession of Guilt.Furthermore,they believe that the court will not disapprove or perform the contents of the negotiation without legal reasons.The three organs' adherence to judicial integrity in the leniency on admission of guilt and acceptance of punishment is the best response to the trustworthiness of the accused.However,currently,the system of leniency on admission of guilt and acceptance of punishment in China not only does remain unclear the specific requirements for judicial integrity in leniency on admission of guilt and acceptance of punishment,but also does not establish its safeguard mechanism.Therefore,it is of great difficulty to manage the three organs' violation of the judicial integrity.For example,the investigating agency has abused public power,acting irregularly or even illegally.Its staff don't strictly fulfill their obligationto inform.What's worse,they has promised not to sue,while not hand over non-prosecution materials.The procuratorate has concealed the procedural rights and interests,as well as the favorable sentencing circumstances of the accused.In addition,the staff has transformed the sentencing proposal without authorization whereas the facts and evidence of the case have not changed.The judiciary has not accepted the sentencing recommendations of the procuratorate for no reason.It failed to honour the plea bargaining commitments.On top of that,it has not conduct substantive review of the cases of leniency on admission of guilt and acceptance of punishment.There are mainly two factors behind the lack of judicial integrity in leniency system on admission of guilt and acceptance of punishment.Firstly,there is a lack of principles and requirements related to judicial Integrity in criminal procedure legislation.Secondly,there is no perfect safeguard mechanism for judicial integrity.Due to the lack of clear principled norm,public power is not restricted by trust mechanism.Even if the judiciary violates judicial integrity,it is not responsible for its misconduct.Lacking judicial integrity in leniency on admission of guilt and acceptance of punishment is in conflict with the original commitment of promoting reconciliation between the accused and the victim and maintaining social stability.In addition,it violates the accused's basic rights,such as the right to information and defense.What's worse,it further reduced judicial credibility.If continued,it will inevitably cause the extreme abuse of public power and serious damage to the judicial public power.Lacking judicial integrity in leniency on admission of guilt and acceptance of punishment is in conflict with the original commitment of promoting reconciliation between the accused and the victim and maintaining social stability.In addition,it violates the accused's basic rights,such as the right to information and defense.In the long run,the legal rights and interests of the accused will be seriously endangered,thus endangering the construction of the leniency system on admission of guilt and acceptance of punishment.Meanwhile,the judicial credibility will be further reduced,which will affect the implementation of the leniency system on admission of guilt and acceptance of punishment.Therefore,it is necessary to speed up the clarification of the principle and requirement of judicial integrity in leniency on admission of guilt and acceptance of punishment,and supplement with the construction of its judicial integrity safeguard mechanism.One of the ways to achieve judicial integrity is to clearly recognize the principle of judicial integrity in leniency on admission of guilt and acceptance of punishment.It needs ensuring that the three organs take integrity negotiation as the core,and jointly implement the agreement.Before negotiating with the defendant,the judicial organs should regard judicial integrity as the basic requirement to clarify their obligation to inform and assist.They ought to guarantee the defendant's right to know so that the defendant can get the whole picture of the facts,evidence and relevant legal knowledge of the allegations,as well as the legal consequences of applying summary or expedited procedures.In the process of handling a case,the three organs office should always adhere to the basic principle of the compatibility of crimes,responsibilities,and punishments.The second way to achieve judicial integrity is to construct a safeguard mechanism for judicial integrity in leniency on admission of guilt and acceptance of punishment,thus giving full play to the role of restriction and control in program safeguard.On the one hand,it is necessary to construct the supervision mechanism for judicial integrity in leniency on admission of guilt and acceptance of punishment by improving the coordination,supervision and judicial review mechanisms among the three organs,and ensuring that the duty lawyers play their role.On the other hand,it is a must to establish an independent appeal relief mechanism and improve the sanction mechanism for violating judicial integrity,so as to achieve the judicial integrity in leniency on admission of guilt and acceptance of punishment.