Study On The Procurator's Discretion In The Leniency System For Pleading Guilty And Accepting Punishment

On October 26,2018,new amendments to the Criminal Procedure Law were passed.As an important legal principle,“Plead guilty and be lenient” were written in China's Criminal Procedure Law,which marked the beginning of China's localized "Negotiated Justice" system.The gradual establishment of the “Plea guilty” system gradually changed the structure of China's existing criminal proceedings.In order to stay true to the original intention of legislation and meet the needs of the current judicial situation,the leading role of prosecutors in criminal proceedings has become increasingly prominent.?The discretionary power of the prosecutor is also gradually recognized and expanded.?However,problems have followed.Due to the principle and fuzziness of relevant legislation of the plead guilty and be lenient,there are many theoretical and institutional gaps in the nature,connotation,practical operation and supervision of the procurators' discretion in China,restricting the further development of leniency system.?Therefore,it is necessary to discover and summarize the problems existing in current legislation and judicial practice,and to improve the relevant theories of the discretion of the prosecutor as soon as possible by referring to the relevant institution experience of foreign countries.The first part of the thesis mainly summarized the relevant concepts and historical developments of the prosecutorial discretion,and made an in-depth analysis of the status of relevant legislation.The second part analyzes and discusses the practical issues encountered in implementing the leniency system of pleading guilty and punishment: the imbalance in sentencing,improper grasp of proof standards,and arbitrary exercise of prosecution power caused by the operation of prosecutors' discretionary power.The third part uses the perspective of comparative law to compare the similarities and differences of the prosecutors' discretionary power under the "consultative justice" model in countries like the United States,France,Germany,and Japan.It will summarize the models that can be applied to the reform of prosecutors' discretionary power in China,and how to realize the benign expansion of procurators' discretion.The fourth part,under the background of criminal litigation in China,analyze the social role and normative role of law from a jurisprudential perspective.It will also discuss the possible future development of prosecutorial discretion.The fifth part will consider the dangers of power expansion while making suggestions for expanding procurators' discretionary power,improving sentencing,standardizing prosecution activities,expanding the scope of non-prosecutorial activities,decentralizing the judicial hierarchy,building a supervision system,etc.