Optimization Of Pre-trial Diversion Of Plea Leniency System

The "Criminal Procedure Law" passed on 2018 affirmed the Plea Leniency System in the form of written law,and China's criminal procedure law has been further developed.The two-year trial of the Plea Leniency System shows that this system helps to alleviate the existing problems of "too many cases but too few people" in judicial organs,which finally will realize the goal of improvement of judicial efficiency and saving of resources.The Criminal Procedure Law stipulates that the plea leniency system is applicable to any stage,that is,the investigation,examination and prosecution stage and trial stage can be applied,and it has played an effective diversion role in each stage,such as the withdrawal of the investigation stage and the review of the prosecution stage.Non-prosecution,and streamlined diversion of the trial process,but this article discusses the pretrial diversion under the plea leniency system.First of all,compared with the diversion through summary procedures,expedited procedures and ordinary procedures at the trial stage,the pre-trial stage is an upstream part of the criminal procedure.This stage applies the plea leniency system,which can reduce the number of criminal cases entering the trial stage.It is more conducive to the procedural diversion of cases and save judicial resources.Secondly,the current situation of pretrial diversion in China is not ideal.There are problems of low rates of withdrawal and non-prosecution.As an important method of diversion of criminal cases in China,pretrial diversion needs to be 2optimized to solve the contradiction of "too many cases and too few people" in China.This article discusses from the following aspects:The first chapter of this article starts with the concept of plea leniency system.Based on the provisions of the Criminal Procedure Law,defining "pleading guilty","confession","leniency" and analyzing controversial issues in the definition;combing the evolution of plea leniency system will be of benefit to have a better understanding of this system;elaborates the evolution of the procedural diversion mechanism,and the relationship between the plea leniency system and the criminal case procedural diversion,so as to understand the importance and value of pre-trial diversion of plea leniency system.The second chapter of this paper analyzes the necessity of pretrial diversion of the plea leniency system.First of all,pretrial diversion of the plea leniency system not only implements the criminal policy of leniency and strictness,but also improves the efficiency of litigation by reducing the number of criminal cases entering the trial process and alleviates the pressure of solving the case.Secondly,the pretrial diversion of guilty pleas and confessions helps to achieve a hierarchical treatment of crimes,and actively responds to the reality of the stuff quotient system reform.Finally,the non-penalty treatment of criminal suspects through pretrial diversion of the plea leniency system will help the criminal suspects return to society at an early date.The third chapter of this article is a practical exploration of pretrial diversion of the plea leniency system.First,the author analyzes the current situation of pretrial diversion of the plea leniency system.The data of the Supreme People's Procuratorate's work report shows that the effect of pretrial diversion of the plea leniency system is not obvious.Secondly,the author analyzes the problems of pretrial diversion of the plea leniency system from the following aspects.First,the cumbersome approval procedures restrict the pretrial diversion of the plea leniency system;Second,the strict restrictions on internal assessment also affect pretrial diversion of the plea leniency system;Third,the relatively narrow applicable rules and scope of relative non-prosecution,which restricts pretrial diversion of the plea leniency system;and fourth,explores the possibility of non-prosecution of additionalconditions system applied into the pretrial diversion of the plea leniency system,and analyze the influence of the narrow scope of application of the non-prosecution of additional conditions on the pretrial diversion of the plea leniency system;Fifth,analyzing the multi-layered external supervision subjects,such as victims and public opinion,restrictive role in pretrial diversion of criminal cases.The fourth chapter of this paper puts forward the concept of optimization the pre-trial diversion.The author seeks corresponding solutions from the problems of pretrial diversion of plea leniency system.First,from the decentralization of non-prosecution decision-making power,prosecutors are given the "complete" prosecutorial power and the hearing of the pretrial non-prosecution decision of the plea leniency system to solve the problems caused by the cumbersome approval procedures in pretrial diversion of the plea leniency system;Secondly,set up a scientific performance assessment method,encouraging prosecutors to actively exercise their non-prosecution discretion,and alleviate the impact of strict assessment requirements on pretrial triage;then discuss how to improve the relative non-prosecution system and non-prosecution of additional conditions system to maximize the role of the pretrial diversion of the plea leniency system;finally,reform the multi-layered external supervision method to maximize the role of pretrial diversion of the plea leniency system.