Researchonimprovingthe Leniency Systemof Pleading Guiltyand Punishment

As an important part of our country's criminal justice system,leniency system has a key effect on the reconstruction of the current judicial system.,which is also an important booster for the current criminal procedure reform centered on trial.Facing the problems of "many cases and few people" and low judicial efficiency in judicial practice,the leniency system of confessing guilt and punishing provides ideas and directions for the integration and connection of existing judicial resources.Throughout China's current criminal justice system,procedures closely related to confession already exist,such as criminal reconciliation procedures,expedited procedures,and summary procedures.In addition,it also involves the quick trial and quick handling mechanism for minor criminal cases.The above-mentioned systems and procedures ensure that cases can be separated from the complicated and simplified to a certain extent,and the efficiency of case handling has been greatly improved.But at the same time,in order to avoid the occurrence of illegal trials and other phenomena,the operation and operation of some of the above procedures are more cumbersome and complicated than ordinary procedures,and the case handlers do not easily start them in the actual undertaking process.The ordinary procedure processing mode of criminal cases is The situation is more convenient.With the further advancement of judicial reform,a complete and effective system of confessing guilt and punishing leniency has become an indispensable source of motivation for judicial reform,and it is an important proposition of the times to further promote the comprehensive rule of law.The confession of guilt and punishment has been naturally endowed with connotations of restorative justice and consultative justice since the emergence of the leniency system.It not only helps protect the legitimate rights and interests of the prosecutor,but also has positive significance for its early return to society..Since the national pilot work of the leniency system was launched,Various localities have carried out many useful explorations and innovations in combination with local practical experience,while still encountering many problems in judicial practice.This article first starts with the basic theory of the system of lenient confession,and states basic meaning and interrelationship of the three elements of “ admittion,” “confession,” and “leniency”.It is believed that this system has logical connotations of both procedural and substantive aspects and requires dual considerations of substantive law and procedural law.The positive role and practical value of policies,optimizing resource allocation,and forming a non-confrontational litigation pattern.Subsequently,it discusses and analyzes the similar procedures of representative countries in the Anglo-American law system and the civil law system outside the territory,and summarizes the similarities and differences from them,which provides a reference for the foreign experience of our country's confession and punishment system.On this basis,this article further elaborates the scope of application,application stage and application procedure of the confession and punishment system in our country,and summarizes the problems existing in the operation of the system at the emergence stage,such as the system's standards and objectives are not yet clear,voluntary protection insufficiency,limitations of prosecution and defense negotiation,etc.Based on the analysis of the aforementioned problems,corresponding suggestions for improvement are put forward in order to provide possible ideas for the further optimization of the system.