Research On The Application Of The System Of Imposing Lenient Punishment On Those Confessing To Crimes And Accepting Punishment In The Investigation Stage

The Standing Committee of the National People's Congress(NPC)' Decision to Amend the Criminal Procedure Law of the People's Republic of China(PRC)was adopted at the sixth session of the Standing Committee of the thirteenth NPC on October 26,2018.One of the key amendments in the Criminal Procedure Law is the legislative statement of the system of showing clemency to suspects and defendants who cooperate fully.This aims to encourage suspects and defendants to voluntarily confess to crimes and accept punishments in both substantive and procedure laws so as to improve the efficiency of criminal procedure and save resources related to lawsuit.It helps to solve the problem of limited judicial resources and a comparatively high crime rate by separating the handling of simple and complex criminal cases.It is found that most researches on the clement system in both the theoretical and the practical field focus on the applying scope and proving standards of the system,while few studies are made on the application of the system in the investigation stage.Therefore,it is necessary to carry out a systematic study on the application of the system in the investigation stage in theory.Based on practical investigations,successful experiences from abroad,and domestic problems arising from the application of the system of imposing lenient punishment on those confessing to crimes and accepting punishment in the investigation stage,the thesis aims to perfect the application of such system during investigation in a bid to facilitate the implement of the system and enhance its contribution to the society.This thesis is mainly divided into the following parts: The first part is an overview.It introduces the background for the proposal of the system of imposing lenient punishment on those confessing to their crimes and accepting punishment,theoretical research achievements from home and abroad,research method,structure of the thesis and innovation,as well as the significance in applying the system in the investigation stage.The second part analyses the system of imposing lenient punishment on those confessing to crimes and accepting punishment in China.This part mainly states the meaning of the system and its legislative origin.By systematically analysing the special connotation of the system in the phase of investigation,the thesis sorts out the stipulations showing the principle of the system in relevant regulations in pilot regions and the Criminal Procedure Laws,and the development process of the system.These constitute the theoretical basis for the application of the clement system in the investigation stage.The third part describes the practical inspection of the system.Starting from the implementation status of the system,this part analyses the application of the system indifferent cases,ranging from minor crimes to serious ones.By investigating the current implementation status of the system in the investigation stage,problems arising from the application and achievements made in pilot regions,the thesis analyses and summarizes the application of the system in the investigation stage.The fourth part puts forward some thoughts about the application of the system in the investigation stage.It analyses the suspects' motives to confess to their crimes during investigation,and proposes some approaches to improve the application of the system in the investigation stage.