On The Connection Between Plead Guilty And Surrender And Confession

Plead guilty was established in the Criminal Procedure Law in October 2018,and the criminal justice reform has entered a new chapter since then.However,there are many controversies and unknowns in plead guilty itself,which causes it to be inconsistent with the surrender and confession of the criminal law in the application process.Smooth,contradictions between the two frequently appear,problems such as mixed application,repeated evaluation.Therefore,how to make the connection between plead guilty and surrender and confession in criminal law in the theoretical system and practical application? It has become an urgent problem to be solved in academic and judicial circles.In addition to the introduction and conclusion,this article is divided into three parts for discussion.The first part mainly introduces the relationship and contradiction between plead guilty and surrender and confession.This chapter is divided into two sections for discussion.The first section mainly introduces the relationship between plead guilty and surrender and confession.From surrender and confession to plead guilty plead guilty,the form of sentencing has changed from a single to a complex,and the status of the defendant and the value pursuit of the punishment have all changed;the influence of plead guilty and surrender and confession are both on the prevention of criminal punishment.Through the defendant's compromise and cooperation in exchange for certain penalties;plead guilty is the plead guilty plead guilty the institutionalization of the leniency policy,and the surrender and confession in the criminal law is the most direct reflection of the confession policy in the substantive law.The second section mainly introduces the contradiction between plead guilty and surrender and confession.First,the repeated evaluation of sentencing circumstances led to imbalance in sentencing."Factual confession" is not only an important part of plead guilty plead guilty,but also an indispensable element for surrender and confession.As far as the basic facts of the two sentencing scenarios are concerned,it is extremely prone to conflict,which leads to a large number of cases where surrender and confession can be applied to the plead guilty plead guilty plot.However,at present,the applicable rules of sentencing circumstances are not clear.If plead guilty and surrender and confession are used properly,the fact that the perpetrator "truthfully confessed" his crime would have far more leniency than the fact itself,leading to duplication Evaluation and sentencing are light.Second,the poor connection of judicial practice detracts from the effect of practice.The case handler simply equated the plead guilty plead guilty with the existing surrender and confession plot,blurring the legal effects of the system;focusing on simplifying the litigation procedure,due to small mistakes;formalizing the law,copying the plead guilty Content overlap between plead guilty and surrender and confession.The second part is the analysis of the reasons for the contradiction between plead guilty and surrender and confession.Reasons for the imbalance of sentencing: The plot positioning and application are unclear,specifically the plead guilty plead guilty is lenient in its legal nature.When multiple sentencing plots are concurred in a case,the specific applicable rules are not clear.At present,there is no specific regulation on the leniency of plead guilty plead guilty.When judicial practice deals with related cases,most of them refer to the leniency of surrender and confession,which obscures the plead guilty and plead guilty.The boundaries of surrender and confession.The wide range of ambiguity provisions has resulted in the inability to determine the adjustment ratio of the plot of plead guilty and plead guilty,which makes it impossible to standardize sentencing in plead guilty plead guilty cases,and the risk of randomness of sentencing is significantly enhanced.The reason for the poor practice of plead guilty: The institutional positioning is confusing,and plead guilty and plead guilty at different levels are applied in a wide range.The “plead guilty” originally proposed by the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China is in a broad sense,and includes abstract criminal policies such as surrender and confession,restitution and compensation,and narrow plead guilty plead guilty.The plead guilty in the pilot document has a clear connotation,which is not the same as the existing systems such as surrender and confession.It is a narrow new level of a specific new system;"plead guilty","plead guilty" There are many cognitive differences in the legislation.The concept of plead guilty is not reasonably defined at the legislative level.There are certain shortcomings in "summarizing plead guilty",which cuts off the relationship between plead guilty and plead guilty,resulting in the plead guilty plot being easily confused with surrender and confession "Accurate plead guilty theory" judicial practice is more operable."The objective plead guilty theory" is not unreasonable.In the case that the effectiveness of the written statement is unknown,if there is no certain restriction on the person prosecuted,then it is likely that a large number of pretend plead guilty will be deceived to deceive commutation,and "plead guilty" will change to meaningless.The third part is to perfect the connection mechanism between plead guilty and surrender and confession.Measures to address the imbalance of sentencing include: clarifying the applicable rules of sentencing circumstances,and stipulating plead guilty plead guilty as a statutory lenient plot.When plead guilty competes with surrender,the prosecuted person can reduce the maximum penalty by less than 50% or reduce the punishment;when plead guilty plead guilty competes with confession,it adopts the principle of absorption during the stage of investigation and examination and prosecution.And in the trial stage,there is no room for confession to apply;when the courts plead guilty and plead guilty plead guilty voluntarily compete,the absorption rule is adopted.Our country 's criminal law clearly stipulates the principle of statutory punishment for crimes.The circumstances in which conviction and sentencing must be reflected in the criminal code,so plead guilty plead guilty has not yet become a legal sentencing circumstance;plead guilty plead guilty and surrender and confession exist in evaluation Certain differences;Surrender and confession lacks procedural value;Some legal instruments in practice have indirectly demonstrated the status of plead guilty plead guilty in quantitative statutory circumstances;Possibility of sentencing circumstances is more inclusive,and plead guilty plead guilty is defined as possible The sentencing scenario is more appropriate.Clarify sentencing differences and improve legal mechanisms.Considering the factors of adapting to crime and punishing,preventing innocent people from being forced to plead guilty,and effectively motivating criminal suspects and defendants to choose plead guilty plead guilty,the limits of sentencing concessions in the plead guilty plead guilty plot should not be too high,should not be too low.Plead guilty is comparable to surrender and difficult to compare,but in order to enhance the attractiveness of the system and achieve the value of reducing the pressure on the program,the width of plead guilty plead guilty can be higher than surrender.The maximum width of the plot can be considered greater than 40%,but less than 50%.In addition,you can also refer to the provisions of surrender.For those who are prosecuted for less serious crimes and plead guilty plead guilty,more than 50% of the sentencing can be reduced or even exempted from punishment.China's criminal justice has a longstanding problem of insufficient sentencing.It is necessary to strengthen the duty of case handlers to interpret and reason,and change the reasoning method of the judgment documents.Improve the continuity system of sentencing circumstances in criminal law norms,take a deep look at the current criminal law's provisions on surrender and confession sentencing circumstances,and make room for development of plead guilty.Measures to address the poor results of the system's practice include: the plead guilty standard is linked to the litigation procedure,and has a clear legal effect.In ordinary procedures,summary procedures and expedited procedures,criminal suspects and defendants must admit that their behavior constitutes a crime before they can constitute a plead guilty.In summary procedures and expedited procedures,criminal suspects and defendants must acknowledge their behavior.In addition to constituting a crime,the judicial evaluation of the case handling agency must be recognized,that is,the accused charge must be recognized before it can constitute a crime.The defendant can expect a certain sentencing leniency through the written statement,and should also assume corresponding obligations.You must not arbitrarily file an appeal and betray the commitments in the written statement;unless there are special circumstances,you must not delay or even refuse to perform the compensation promised to the victim in the written statement.