The Constitutionality Of The Leniencysystem For Pleading Guilty And Accepting Punishment

From the constitutional perspective,the leniency system for pleading guilty and accepting punishment has the significance of optimizing judicial resources allocation,protecting human rights andreflecting the protective duty of the state.In implementation process,there are also situations that damage the authority of the constitution,such as restricting the realization of the function of constitutional defense right and institutional guarantee function,leading to the power conflict ofcourts and procuratorates,weakening the respect for the personal dignity of the person being prosecuted,and not conforming to the rule of law and regulating the rules of procedure.Therefore,it is necessary to think about the constitutionality of this system.The leniency system for pleading guilty and accepting punishment includes procedural right and substantive right.To achieve at a higher level in the unity of punishing crimes and protecting human rights,judicial justice and judicial efficiency,it is conducive to balance the constitutional interests in criminal field.On the one hand,it is based on the highest effect of the constitution.The basic principles and values of the constitution have a radiating effect on the legal order.On the other hand,the conflict between the leniency system for pleading guilty and accepting punishment and relevant theories is the specific reason for the constitutional thinking.Based on the consideration of the leniency system for pleading guilty and accepting punishment from the perspective of constitutionality,it is suggested to improve the system from the aspects of its constitutionality basis,judgment standard and operation guarantee.Taking the protection of human rights as the core value of the system,we will grant the accused an equal pleadingguilt and a wider right of participation and choice,and improve the defense mechanism and right relief mechanism.Taking the principle of rule of law as the criterion,the author makes a comprehensive and substantial examination of the voluntary pleading guilty parties from both procedural and substantive aspects,so as to ensure the legitimacy of the system in the constitution.In the process of implementing the leniency system for pleading guilty and accepting punishment,it is necessary to abide by the established legal principles,respect the existing legal texts,and make the system gradually improve and operate effectively through the trial reflection mechanism of laws and the formal and substantive constitutional review of various norms,so as to maintain the authority of the constitution and the stability of legal order.