Research On Leniency System Of Confession And Punishment

In October 2018,the newly revised Criminal Procedure Law established the leniency system of confession and punishment as an important principle,and added provisions the content of the right notification procedure,the duty lawyer and expedited procedures.It has enriched the connotation of the system.The system is a criminal legal system with a combination of substantive norms and procedural guarantees.It is an important exploration for establishing a diverse and multi-level criminal case handling procedure,and it provides a basic basis for advancing the modernization of the criminal procedure system.To establish a multi-level criminal procedural system that treats differently,simplifies and diverges,conforms to the development law of the criminal procedural system,and meets the needs of our judicial practice.The leniency system of confession and punishment provides supporting measures for the reform of the post system,which makes up for the contradiction of “many cases but fewer people” in the reform of the post system,and is also in harmony with the trial-centered litigation system reform.It can be said that establishing a lenient system of confession and punishment is the important way in enhancing the efficiency of procedure,resolving social contradictions,innovating social governance,strengthening human rights protection,and promoting social harmony.Accurate application of this system can help achieve a higher level of integration of criminal justice and efficiency.Of course,although the leniency system has been formally established in China's Criminal Procedure Law,with the application of this system in judicial practice,some corresponding problems will inevitably arise.For example,should we adhere to the proof standards of accurate evidence and sufficient,the accuracy of sentencing recommendations,the voluntary protection of suspects and defendants' confession,the litigant status of duty lawyers and the full play of their roles,etc.The problem deserves further investigation.In short,for a systemic reform of this system,it is necessary not only to change the concept and improve the system,but also to create supporting mechanisms.When the leniency system of confession and punishment is implemented nationwide,it should reasonably absorb and make good use of the existing experience and draw on the reasonable factors of the consultation system of confession and punishment outside the region to promote the accurate and effective implementation of this system.