The Research On Disclosure In The Perspective Of The Leniency System Guilty Penalty For Confession

Criminal evidence disclosure system is a litigation system born from the litigant doctrine of common law countries,and it is seldom mentioned in criminal legislation and judicature in our country.On October 11,2019,the supreme people's court,the supreme people's procuratorate,ministry of public security,justice department,the department of homeland security issued " Guidelines on the application of leniency system guilty penalty for confession "(hereinafter referred to as the "guidelines"),and brought forward the people's procuratorate can explore the evidence disclosure system target specific to the case,to protect the criminal suspect's right to know,to ensure the authenticity and voluntary of confession.As a result,the criminal evidence disclosure system in the perspective of the leniency system guilty penalty for confession have been given a new meaning.The author analyzes the traditional evidence disclosure system in this paper,to study problems like theoretical basis,background,the inner link about evidence disclosure system in the perspective of leniency system guilty penalty for confession,combined with the current situation and problems of evidence disclosure in our country,and to investigate the evidence disclosure system in other countries,finally I will put forward specific suggestions about how to build evidence disclosure system in the perspective of leniency system guilty penalty for confession.First of all,I believes that the disclosure system in the perspective of the leniency system guilty penalty for confession has its new definition,and its purpose,value basis and significance should focus on "the criminal suspect's right to know","the voluntary nature and authenticity of the leniency system guilty penalty for confession ".Secondly,there are lots of practices of disclosure in judicial practice in our country,but there are still many problems due to the lack of institutional norms and the absence of relevant legislation.Thirdly,through the investigation of the relevant systems in different countries of the two major legal systems,we can find that the evidence disclosure system has the commonness among different countries,which can be used as the beneficial experience for our country to construct this system.In the end,combined with case analysis and extraterritorial experience,this paper innovatively puts forward the conception of constructing the evidence disclosure procedure which is mainly based on the evidence disclosure before the prosecution of the procuratorate and supplemented by the evidence disclosure after the prosecution of the court,in the hope of providing useful suggestions for the construction of disclosure in the perspective of the leniency system guilty penalty for confession.