Research On Lenient Treatment For Admission Of Guilt And Acceptance Of Punishment

Plea bargaining is a common practice in various countries nowadays,which mainly consists of two modes,such as the efficient judicial consultation system represented by the United States and the normative judicial consultation system represented by Germany.The criminal litigation model in China and Germany is the authoritarianism.Both countries adhere to the principle of substantive reality and the principle of adapting crimes and punishments.The German criminal consultation system is more relevant for reference in china.Based on the local practice for 2 years,it has been officially written into law.The new criminal procedure law and the measures of lenient treatment for admission of guilt and acceptance of punishment provide the basic framework for the operation of the system.During the practice in pilot areas,the system shows the advantages,such as judicial cost saving and efficiency improving.However,there are still many obstacles during the pilot practice,such as no uniform institutional provisions,no independent proceedings,lack of incentives and coordination.Under the guidance of the "cooperative justice" concept,the system could be improved in both substantial and procedural aspects.On the one hand,the scope and criteria of leniency and the differential standard of proof in the system should be laid down,while the rights protection for criminal suspects and defendants should be strengthened.On the other hand,it is necessary to establish the criminal cases diversion mechanism which involves independent system of lenient treatment for admission of guilt and acceptance of punishment,criminal penalties procedure and the starting,terminating and transforming rules during the summary and ordinary procedures without pleading guilty or punishment.