Research On The Implementation Of The System Of Plea Guilty And Punishment

The plead guilty confession system is one of the important contents of advancing the modernization of the national governance system and governance capacity in the socialist rule of law system with Chinese characteristics.The aim is to promote the grading,refinement,and systemization of simplification and shunting through the diversion of confession and punishment cases.,Build a multi-level litigation procedure system with an orderly connection between ordinary procedures,summary procedures,and expedited procedures.Value is the theoretical basis of an institution,which involves the legitimacy of its existence.The confession and punishment leniency system has the triple value goals of efficiency,justice and harmony.The value of efficiency has a priority status,which is reflected in the three-tiered criminal procedural system,simplified simplification of trial procedures,and shorter litigation duration.Respect,sentencing,leniency according to law,review of the court's voluntary and legality,protection of the respondent's right to appeal and remorse;its application of coercive measures,social investigation and evaluation of the respondent,and the victim's The protection of rights and interests and the handling of minors' confession and punishment cases have improved the effect of interest and judgment and reflected the harmonious value.From the pilot in 2016 to the revision of the Criminal Procedure Law in2018,the leniency confession and punishment system has been established on the basic structure of the system.The trial results show that the implementationof the leniency system of confession and confession has achieved preliminary results in terms of the efficiency of criminal procedure,the effect of lenient punishment,the defense rate of lawyers,and the effect of interest and service.However,in practice,there are still some difficulties in the confession and lenient system of confession in the substantive trial,the trial system,and the full coverage of on-duty lawyers.These practical difficulties have seriously hindered the confession,confession and penalty system in efficiency,justice,and harmony.Value pursuit.First of all,the three aspects of the complex procedure of the criminal trial procedure in the substantive trial,the requirement that the conviction and sentencing be completed in the court,and the play of the court's leading role in the criminal procedure conflict with the confession and lenient system;the second is the criminal appeal trial in the trial system.There is a natural contradiction in appeals that are mainly for correcting facts and legal errors in the first instance and confession and confession.Finally,in cases where the defendant pleads guilty and applies the expedited procedure,the defense space and the meaning of the defense are ruthlessly restricted.Neither the professional level nor the working attitude can effectively protect the right of defense of the criminal suspect or the defendant.In view of the current implementation status of the leniency system of plea confession and punishment,the four aspects of the review mechanism,the object of the trial,the on-duty lawyer system and the application of coercive measures are revised to improve the guilty plea punishment leniency systemreview mechanism.In order to effectively deal with the above-mentioned problems and deepen the implementation effect of the leniency system of plea confession and punishment,the target of trial,the division of duty lawyers and the application of non-custodial coercive measures must be strengthened.