The Research On Several Legal Issues Of Admitting Guilty With Lenient Punishment

The system of admitting guilt with Lenient punishment is a relatively new system in China's criminal litigation,and also an important part of the current litigation system reform.It has many advantages,such as improving the efficiency of litigation,saving litigation resources and optimizing the allocation of judicial resources.It is a good way to solve the problems of the increase of criminal cases and the shortage of judicial organs.However,it is only a few years since the system of admitting guilt with Lenient punishment was proposed,piloted and finally established in China.There are still various problems exposed in judicial practice,which need to be improved urgently.By summarizing the current status of legislation and judicature of the system of admitting guilt with Lenient punishment,and comparing plea bargain with it,this paper emphatically summarizes and analyzes the existing problems of the system of admitting guilt with Lenient punishment in China's judicial practice,and tries to explore the improvement path of the system,hoping that the system can play its maximum role.This paper is divided into five chapters.The first chapter introduces the background,basic connotation and value of the system of admitting guilt with Lenient punishment.The second chapter introduces the current status of legislation and judicature of the system of admitting guilt with Lenient punishment in China.The third chapter makes a horizontal comparison between the system of admitting guilt with Lenient punishment and plea bargain in China.Through analyzing the similarities and differences,it seeks the enlightenment to the system of admitting guilt with Lenient punishment in the light of plea bargain system.The fourth chapter analyzes the existing problems in the practice of the system of admitting guilt with Lenient punishment in China,including lowering the standard of proof,insufficient protection of the rights and interests of the parties,different scales of sentencing recommendations,imperfect litigation procedures,and limited role of on-duty lawyers.Chapter five puts forward feasible suggestions for the improvement of the system according to the problems in practice,including unifying the standards of evidenceproof,strengthening the protection of the parties' rights,quantifying and refining the recommended standards for sentencing,optimizing the application and selection of procedures,and clarifying the powers of on-duty lawyers.