The Connection And Coordination Of The System Of Guilty Plea And Leniency And The System Of Criminal Reconciliation

Judicial reform is an important part of the construction of China by law,and the system of guilty plea and leniency is one of the important measures of judicial reform.On October 26,2018,the Decision of the Standing Committee of the National People’s Congress on the Amendment of the Criminal Procedure Law of the People’s Republic of China was adopted by the Sixth Session of the Standing Committee of the13 th National People’s Congress and promulgated for implementation.In order to optimize the allocation of judicial resources,improve judicial efficiency,and deeply implement the criminal policy of leniency,the newly revised Criminal Procedure Law has clarified the system of guilty plea and leniency in a principled manner,and perfected the procedure of first instance of criminal proceedings.As early as 2012,China has established a criminal reconciliation system,as a product of the policy of leniency,criminal reconciliation system for the pursuit of social harmony and stability of order,allowing criminal accused and victims to reconcile on specific cases.Due to the cross-over of legislative provisions and the coarseness of the design of multiple procedures,there is a partial overlap between the establishment of the system of guiltyplea and leniency and the establishment of the system of criminal reconciliation.Therefore,in the course of practice,there may be problems of convergence and coordination,including differences in legislative ideas,cross-convergence of application scope,different emphasis of participating subjects.Therefore,in the process of pursuing the value of efficiency and adhering to the bottom line of justice,it is necessary to make effective connection and coordination between the system of guilty plea and leniency and the system of criminal reconciliation in the process of pursuing the principle of confession and punishment from wideness.This paper starts with the analysis of the system of guilty plea and leniency and the system of criminal reconciliation,analyzes the necessity and possibility of system convergence by comparing the similarities and differences of the system,looks for the possible problems of system convergence,and further proposes reasonable solutions.This article is divided into the following four chapters.The first chapter of greater confessed forfeit their system and criminal reconciliation system parse legal relations.First of all,the author makes a preliminary grasp of the system from the two aspects of its connotation and value significance.Then it analyzes the legislative relation and legal principle relation of the two systems.The second chapter analyzes the internal mechanism of the connection and coordination between the leniency of admission and punishment and the criminal reconciliation system.Firstly,the definition and characteristics of institutional cohesion and coordination are defined.Secondly,it analyzes the causes of institutional cohesion and coordination,analyzes the necessity and feasibility of institutional cohesion and coordination,and analyzes the defects of the system itself,as well as the foundation and advantages of institutional cohesion and coordination.The third chapter in the search for a greater confessed forfeit and criminal reconciliation system connection and coordination of facing problems and the causes.Firstly,it reveals the problems existing in the connection and coordination of system,and explores the applicable scope of the connection and coordination of system,the litigation procedure and the protection of the rights of the parties from the two aspectsof entity and procedure.Secondly,the paper analyzes the causes of the above phenomenon from the perspective of legislative ideas,institutional norms and judicial practice.The fourth chapter puts forward greater confessed forfeit and criminal reconciliation system of communication and coordination.Build from both the program and entity levels.At the procedural level,it makes a clear distinction between the scope of application of system convergence and coordination,constructs the "tripartite concord mode",solves the problem of difference of system modes,and straightened out the application of litigation procedure after system convergence and coordination.At the entity level,appropriate measures should be taken to protect the litigation rights and interests of the person being prosecuted and the victim.