Improve The Study Of The Leniency System For Confessing Guilt And Punishing In Criminal Proceedings

To recognize punishment leniency system is one of the important contents China of current judicial reform,the leniency concrete and the institutionalization of criminal policy,the system of criminal suspects and defendants pleaded guilty penalty as basic condition,in order to obtain leniency for the objectives and results.With the development of the trial system of guilty plea and lenient punishment,how to perfect this system and construct it systematically has become a problem to be discussed.Applying the leniency system of confession and punishment is conducive to solving the contradiction of "more people and less" in the current case,to split the cases and improve the efficiency of case handling,and conform to the judicial and economic principles.But in the process,efficiency is justified,but it can not ignore fairness and justice in pursuit of efficiency.Therefore,the systematic construction of the system is conducive to the system to avoid the occurrence of this situation.Guilty penalty system from the long-standing lenient criminal policy of combining punishment with leniency crime,light punishment and crime of lowering the threshold,the number of criminal cases is increasing,from the present situation forced through the improvement of this system realizes the case classification results,pilot speed cutting procedures required more supporting system and application.The law and the judicial interpretation did not recognize the concept of confession gives the penalty of leniency clearly stipulates that the scatter in the criminal law and the criminal procedure law,such as voluntary surrender,meritorious service,reconciliation,etc.can be obtained on the program surrender the ill-gotten gains,from simple and substantive results on forgiveness.Guilty penalty and leniency system trial center not only do not conflict,but also complement each other,the trial center is the foundation of any defendant pleaded guilty to a fair trial,that penalty is part of the defendant litigation rights have to choose to give up part of the penalty relief.Therefore,to improve the leniency system of confession and punishment is of great importance to the optimization of judicial resources,the equal attention to justice and efficiency,the respect and protection of human rights,and the exploration of the new pattern of non adversarial forms of action.The leniency of confession and punishment is stipulated in the substantive law and procedural law,but it is scattered and unsystematic.Under the guidance of criminal law and punishment,surrender and meritorious are authorized sentencing,lenient punishment in a wide range of judicial discretion is too large,difficult to control,will be the same but the gap with the crime of sentencing plot different penalty,affect the real justice;unknown the easy order and expedite procedure positioning there is no uniform judicial review,the diversion mechanism,influence degree of penalty stage,pleaded guilty on the sentencing penalty after the indistinct;pleaded guilty to procedural interests not expressly,and pleaded guilty to disorderly possible lenient miscarriages of justice,investigation agencies rely more on confession power,these have become the system faces in the the difficulties in judicial practice.In this case,it is very important to establish the system in order to ensure the standardization and scientific operation of the system.The author believes that a legislation should be authorized to determine the type and distinguish the lenient plot at the same time,according to the nature of the case,damage size,pleaded guilty to penalty phase,the range ofleniency degree of refinement;on the other hand,the system will be extended to each stage of the proceedings,the investigation stage can record the review stage can reach consensus and sentencing sign the affidavit,the trial procedure simple,give off at the entity of leniency.At the same time,because the suspect and defendant have given up some rights,they must obtain equal assistance.Therefore,the criminal suspect and defendant should be included in the scope of compulsory legal aid.In the risk prevention system,should pay attention to not reduce the facts are clear,the evidence is reliable and sufficient proof standard of conviction,perfect evidence discovery system,and based on feelings,maintaining social stability from the victim to give victims of the system start up object right.