Research On The Prosecuted In The Case Of Plea And Penalty In China

Since the confession of confession and lenient punishment system was launched in 2016 in some regions of China.it has improved the efficiency of handling cases at the grass-roots level in China to a certain extent,and has achieved the reform goal of optimizing the allocation of judicial resources.This system is based on the current situations of the stability of social security in China.It focuses on solving prominent issues such as high pretrial detention rates and long litigation time limits in criminal cases.It achieves fewer prosecutions by reaching a plea agreement between the prosecuted and the judicial organs.Way to achieve the purpose of punishment.The system aims at improving the efficiency of litigation,alleviating social contradictions,and establishing judicial credibility,and has important legal and political significance.But compared to the countries of common law and European continental law.China's confession and confession leniency system has been implemented relative late,and related judicial interpretations and related supporting measures are not yet perfect.With the gradual promotion of the confession leniency system in China's judicial practice the system has begun to present problems in some aspects.These problems the existence will affect the value and function of the leniency system.The existing problems mainly focus on whether the respondent who has pleaded guilty or punished enjoys the right to appeal,how to regulate the exercise of the right to appeal,whether to establish disciplinary measures against repentance,and whether the public prosecution agency against the respondent.Legislation is blank,there are disputes in the theoretical world and inconsistent practices in the practical world.Through the analysis of cases in judicial practice,some prosecutors or defense lawyers have begun to use the system's sentencing policy to influence the proceedings in the confession and confession lenient cases,and even malicious appeals using unfounded appeals have appeared.This article will proceed from the system of confession and confession,and under the conditions of confession and confession,the core contradiction between the right of appeal of the prosecuted and the improvement of judicial efficiency,the accused in the judicial practice during the appeal process.The problems are analyzed and studied,and correspondingsuggestions are made to make the confession and punishment lenient system more perfect,so that the respondent can more properly exercise his right of appeal in the process of criminal proceedings,and achieve a win-win situation in judicial efficiency and protection of the respondent's rights.This article is mainly divided into the following parts: the first part defines the basic concept of confession and discusses the applicable value of system;the second part introduces the extraterritorial experience of the confession,confession and leniency system,and mainly introduces American plea bargaining relevant content of negotiation with Germany and confession,combined with extraterritorial experience,and a comparative study of the leniency system in China.;the third part shows the current statues of appeals by prosecutors in the confession system in China.The analysis of typical cases;the fourth part summarizes and analyzes the reasons for the appeal of the prosecuted person in the appeal case of confession and confession in our country;the fifth part proposes the corresponding countermeasures to the problems existing in the appeal process of the confession and punishment lenient case.