Research On The Leniency System Of Pleading Guilty And Punishment

On November 11,2016,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice jointly issued the "Measures on the Pilot Work of Conducting Criminal Adjudications and Punishment in Certain Criminal Cases"(Issued on November 16,2016,Law No.386(2016)(hereinafter referred to as the "Pilot Measures")indicates that the implementation of the system of pleading guilty and penalties has been guaranteed by the system.The implementation of the "Pilot Measures" is in line with the central and narrow criminal policy.It effectively plays an effective role in the effective allocation of judicial resources and improves the efficiency of litigation;it is more conducive to the timely resolution of social disputes,the reduction of the burden of punishment,and the maintenance of the present day.Social stability but in the process of trial implementation,the system of pleading guilty,punishing and punishing also highlighted a series of practical problems.If the degree of lawyer involvement is low,criminal suspects and defendants have insufficient voluntary protection.In this regard,the author examines and analyzes the status quo of the pilot areas in the current' system,analyzes and summarizes the problems highlighted by the trial guilty and penalties,and based on our national judicial conditions,proposes effective targeted recommendations.The article is divided into four parts.The first part is to introduce the background and the significance of this topic and the research method of this article.The second part is to clarify the legal foundation of the system of guilty,punishing and sanctioning,and to analyze the legal basis of the lenin-punishment,permissive,and broadened system in our country,as well as the evaluation of the "Pilot Measures" and some pilot regional normative documents,in order to deepen the recognition of guilty punishment.Institutional understanding.The third part is the investigation of the system of pleading guilty,penalizing and broadening in practice.It analyzes the current status of pilots and sorts out problems existing in practice in the system of guilty pleas and penalties.The main problems include the guilty plea and voluntary recognition of criminal suspects and defendants.The guarantee is not sufficient,the gradient of the sentencing gap is not clear,the uncertainty of the attitude of the victim is considered,and the involvement of lawyers in the guilty and criminal cases is low.The fourth part proposes the specific path for improving the system of pleading guilty and penalties in China,mainly including the following aspects:safeguarding the willingness of criminal suspects to plead guilty and guilty,implementing the right to help with lawyers,and clarifying the scope of the leniency.Refine the gradient from a wide range,protect the legitimate rights and interests of victims,and strengthen the judicial supervision of guilty,convicted and punished cases.