A Study On The Standardization Path Of The Leniency System Of Confession Of Guilt And Punishment

As a beneficial exploration of the construction of the distributary mechanism of the case,the System of Leniency on Admission of Guilty and Acceptance of Punishment is of great significance to the relief of the tension between the judicial resources and the handling of cases in China,and also has a constructive effect on the reconstruction of the criminal justice system in China.View of the present stage of our country's legal system,there are some relevant procedures such as criminal reconciliation procedure,criminal summary procedure,criminal fast-track trial procedures,etc.,there are also some system such as voluntary surrender,Frank,compensation system which can give leniency,lightening or even exemption from punishment for criminal suspects and defendants' confessions,confessions and positive return,but they are in a state of being disjointed and not systematic in terms of the institutional and procedural choices that reflect the criminal policy of leniency.Face the pressure of "people with less in the court " of judicial practice,how to make these procedures and mechanisms of effective connection and integration to be "greater entity,procedures simple",and to realize the cases of leniency on Admission of Guilty and Acceptance of Punishment being systematism and standardization in the difference settlement mechanism between substantive rights and the choice of procedure,is the key work of judicial reform in our country.At present,our country to improve the system of plea greater forfeit of pilot work has been more than a year,for minor criminal cases pleaded guilty to forfeit the split from processing mechanism,the practice of the pilot units have conducted more fully and summarized a series of mode of experience and system innovation.This paper is based on the practical experience,and the system of academic circles about the cognition on the basis of the analysis of different understanding in writing,thus for the application of this system provided a standard route choice,which is to the perfection of legal system in China,to make a modest means.Apart from the introduction and conclusion,the text of this paper is divided into five parts:The first part clarifies the connotation of the leniency system.First,start from the basic concept of greater confessed forfeit their system,make sure about the definition of "guilty plea" "to accept punishment" "leniency" is the first step,and then further analysis the internal logic relationship between them,which we can understand the nature of the "guilty plea" and "to accept punishment" are two different confess ways,and the preference of leniency doesn't need a plea to forfeit their synchronization.And then,this article puts forward its views and cognition that the application of the "leniency" has different forms in different phases of litigation,which is to grasp the confession greater forfeit their system of basic functional characteristics,and pleaded guilty to forfeit the standardization of the path from system research foundation.System of the second part is about the confession forfeit from the law of value,which is needed in the judicial system operation concept of the system to support the argument,in particular,setting from the System of Leniency on Admission of Guilty and Acceptance of Punishment of logical starting point,the core content of adjustment,the pursuit of value orientation as well as to promote its long-term development driving force of the detailed interpretation of the four aspects of content,in order to better grasp the basic value of the support the system running.The third part focuses on the comparison and analysis of the relevant system modes in the field.The author through to the plea bargain of Anglo-American law system and continental law system of defendant consultation comparison and analysis,found that although the difference between,but for the pursuit of spiritual essence also have certain similarities.On the basis of analyzing the similarities and differences between the two,it provides the relevant path reflection and institutional inspiration for the improvement of the leniency system.The fourth part based on the current our country pleaded guilty to forfeit the pilot work,from the system through the pilot situation carries on the analysis and reflection on the interim report,summarizes the experience to further improve the system of the scheme,and combined with some experience of innovative pilot unit model,pleaded guilty to the standardization of the greater forfeit system path laid a solid foundation of practices.The fifth part is the progressive transformation mode of argument in the above four parts,from the perspective of criminal integration,pleaded guilty to forfeit their case greater "entity" and "program simple" normalize comb,and mainly from the confession forfeit the handling process,from the system regulation and program distribution idea,from the four aspects of set up and perfect the system of security,which are also in the hope of combing the theoretical research and the practical experiences,which is to make the applicable standard clear.