The Empirical Research Of The Application Of Guilty Plea And Leniency System In Criminal Investigation Procedure

Recently,jointly issued by the Supreme People's court,the Supreme People's Procuratorate,the Ministry of public security,the Ministry of national security and the Ministry of Justice,the guiding opinions on the Chinese guilty plea and leniency system points out that the system runs through the whole process of criminal proceedings,including of investigation,prosecution and trial.The Chinese guilty plea and leniency system,or called plead guilty and punishment,applied in the investigation stage can reduce the difficulty of solving cases,can collect evidences comprehensively,improve processing efficiency,save judicial resources,and distinguish simple and complex cases from the beginning.At the same time,the investigation procedure is important to maintain and protect the voluntary,authenticity and legitimacy of the criminal suspect's confession.The leniency in substance and procedure obtained by pleading guilty is not only the need to strengthen the judicial protection of human rights,but also the direct embodiment of the criminal policy of Combining Leniency with strictness,which can punish crimes effectively and maintain social harmony and stability in time.This paper takes the current situation of the guilty plea and leniency system applied by Branch C of Beijing Public Security Bureau as an example,and analyzes the implementation and effectiveness.By clarifying the problems and facing them correctly,we can better explore and perfect the application mode of guilty plea and leniency system in the the investigation procedure of judicial practice.Chapter I,showing the necessity and significance of applying guilty plea and leniency system at the investigative procedure through the process of creating a leniency system.Chapter II,from the point of view of law and norms,elaborating the basis for the application of the leniency system of pleading guilty and punishment at the investigation stage,and introducing the specific norms of the Public Security Bureau in the study areas through aspects as notification procedures,legal assistance,education on pleading guilty,remedy for repentance and transfer procedures.Chapter III,taking Branch C of Beijing Public Security Bureau as an example,using the data of these two years,and listing cases by type,analyzing the effectiveness of the application of plead guilty and punishment.Then conducting empirical research on these cases,especially in the types of offenders and details of arrest and prosecution.Chapter IV,it is found that there are many problems in practice,including: the application of the system mostly depends on the mandatory requirements of administrative orders,the motivation of independent application of case handlers is so insufficient.Most of them will equate the system with the quick adjudication procedure,and there are great differences in the treatment options in application.At the same time,the confession education for the criminal suspects can't make them convinced.So the voluntary,authenticity and legality of the criminal suspects can not be fully guaranteed.Chapter V,exploring the path to improve the application of the lenient plea system at the investigation stage,clarifying the functional positioning of the Public Security Bureau and expanding the scope of application of guilty plea and leniency system;Actively participating in the development of sentencing guidelines by the judiciary and the prosecutor's office;Granting the Public Security Bureau the right to make lenient recommendations to entities at the investigation stage;Supervising the Public Security Bureau by requesting authorities to intervene in the trial of major and complex cases at an early stage and recording the proceedings,so as to guarantee the voluntary nature,authenticity and legality of confessing;Actively promoting reconciliation between criminal suspects and victims;Making strict standards of evidence to ensure the quality of evidence;Improving conditions of treatment,implementing sound rules,ensuring that duty lawyers perform their duties in accordance with the law so as to provide adequate legal assistance to criminal suspects.