A Study On The System Of Pleading Guilty And Accepting Punishment With Leniency

In recent years,there are so many major changes in the development of Chinese criminal proceedings,and the implementation of the System of Pleading Guilty and Accepting Punishment with Leniency is one of them.This system is the milestones in the law construction in China with reforming more extensively and involving a wider range.At present,the number of cases about the system have continued to increase.This is the beginning of the formal operation of the System of Pleading Guilty and Accepting Punishment with Leniency in China with the good overall reaction.The system can distinguish the case as simple or complicated on the basis of confession of guilt,and it is a higher-level system arrangement to achieve the unity of criminal justice and efficiency.From the implementation of the System of Pleading Guilty and Accepting Punishment with Leniency with the pilot to recorded into the Chinese Criminal Procedure Law,and then published Guidance on the Application of the System of Pleading Guilty and Accepting Punishment with Leniency,the system has been continuously accepted by the general public,and it reflects certain issues which are worthy of our research and discussion,and will be continuously improved in subsequent reforms.Therefore,this article starts from the concept of the System of Pleading Guilty and Accepting Punishment with Leniency to understand it,then analyzes the current situation of the judicature,finally gives the propose solution to improve the system by combining the contrast and experience of similar systems in other countries.The first part is a theoretical analysis of the concept and value of the System of Pleading Guilty and Accepting Punishment with Leniency.This section takes the legal provisions as the starting point,analyzes legislative rules,clarifies the basic meanings of "guilty plea","guilty verdict" and "leniency" and the conditions and procedures of applying,and then briefly analyzes the practical significance and value of the system.The System of Pleading Guilty and Accepting Punishment with Leniency meets the criminal policy of temper justice with mercy,can achieve case diversion,and improve the litigation efficiency and the status of suspects.It's also good to restore the destroyed social order when the criminals return to society.The second part discusses the status quo the problems in the practical operation of the system of the System of Pleading Guilty and Accepting Punishment with Leniency.The system is in the initial formal operation stage in China,and it would be some problems in theory and practice.The author summarizes the following three issues by analyzing the existing experience with the experience results and data: First,there are certain obstacles in the operation of procedure operation in procuratorial organs,with the non-ideal handling efficiency due to the emergence of new regulations in the specific link,and there is no clear sentencing negotiation andunified sentencing proposal.Second,the protection of the duty lawyer system isn't complete with the ambiguous legal positioning,the restricted rights of it and the insufficient enthusiasm in the work.Third,the protection of the rights of victims is very vague,because there is no clear regulations about the victims' rights of choosing and the participation in the case.In addition,the victims are also short of the protection of complete legal aid.The third part is the investigation of the similar system outside China and the System of Pleading Guilty and Accepting Punishment with Leniency.This section analyzes the similar systems with the common law and the civil law system,which each law system selected two representative countries.The article compares the similar system of the United Kingdom,the United States,Germany and Italy with the Chinese System of Pleading Guilty and Accepting Punishment with Leniency,for finding ideas to improve the system.The fourth part is the exploration and discussion of the measures to improve the System of Pleading Guilty and Accepting Punishment with Leniency.With regard to the improvement of the application of the procuratorial organ,it can introduce German Penalty Order combined with China 's actual introduction to improve the efficiency of case handling,build a more comprehensive sentencing negotiation process and make unified and standardized sentencing laws and regulations.At the aspect of improving the duty lawyer system,we need clarify the litigation status and duties of the duty lawyer firstly,and then increase funding guarantee and spiritual incentives to encourage the enthusiasm of the lawyer.Regarding the protection of victims' rights,firstly,the victims' right to know should be guaranteed,allowing them to participate in the case investigation process.Secondly,clarifying the victims' right of choice and objection ensure to protect their own rights.And finally,improving the victim's legal aid system ensure that each party's litigation participants can be treated equally.