Research On The Lenient System Of Pleaded Guilty And Recognized Fine

The system of imposing lenient punishments on those confessing to their crimes and accepting punishments refers to a system in which the prosecuted voluntarily and truthfully confesses the criminal facts and expresses his willingness to accept the punishment made by a judicial organ and the judicial organ makes lenient punishment according to the nature,circumstances and performance of confession and repentance of the prosecuted.The pursuit of the primary value of the system of imposing lenient punishments on those confessing to their crimes and accepting punishments should be to implement the substantive rights of the prosecuted,while the pursuit of subordinate value should be to improve litigation efficiency.In this paper,the empirical analysis method is used to compare and summarize the implementation of the system of imposing lenient punishments on those confessing to their crimes and accepting punishments in the pilot stage and the comprehensive implementation stage,and find out various problems in the implementation process of the system.The main problems can be classified into two aspects: one is the protection of the litigation rights of the prosecuted;the other is the operation of criminal action rights.For example,whether the prosecuted should have the right of appeal;whether he should be punished for his breach,etc.;whether the standard of proof in the cases of admitting guilt and accepting punishment should be reduced to meet the value pursuit of litigation efficiency.In the process of criminal action,the prosecuted should be given the right of rescission;it should be examined whether the prosecuted is effectively defended by the lawyer on duty and whether the negotiation process of the prosecuting party and the prosecuted is true and sufficient,so as to ensure the voluntariness and authenticity of admitting guilt and accepting punishment by the prosecuted.By including the victim into the category of the negotiation of the prosecuting party and the prosecuted,the victim should be given the right of dissent;the whole process of imposing lenient punishments on those confessing to their crimes and accepting punishments is made open to the public;supervision is made for the attitude of confession and repentance of the prosecuted afterwards.On the premise of determining theright of appeal of the prosecuted,the reasons of appeal of the prosecuted should be examined in the quick determination procedure,thus building a dualism appeal mechanism.At the level of substantive law,imposing lenient punishments on those confessing to their crimes and accepting punishments should also be regarded as the basic principle,and the leniency after admitting guilt and accepting punishment should be clearly defined.While expanding the scope of application of nol pros in cases of admitting guilt and accepting punishment,the supervision of nol pros should be strengthened to prevent the problems like "buying punishment" and avoid the alienation of the system of imposing lenient punishments on those confessing to their crimes and accepting punishments.