Research On The Value And Realization Of The Leniency System Of Confessing Guilt And Punishing

leniency on admission of guilty and acceptance of punishment is an important institutional reform in the field of criminal justice in China recent years.From the 4th plenary session of 18 th CPC Central Committee From the4 th plenary session of 18 th CPC Central Committee:improve the system of leniency on admission of guilty and acceptance of punishment and Decision on empowerment leniency on admission of guilty and acceptance of punishment in selected points(draft)passed by The Standing Committee Of The National People's Congress,to conduct institutional experiments in Beijing,Tianjin,Shanghai and other 18 selected points.leniency on admission of guilty and acceptance of punishment as an important of measure of judicial system reform,as a social development process new subject,as a new subject in the field of law,it needs to be examined and studied theoretically.leniency on admission of guilty and acceptance of punishment give corresponding lenient evaluation of criminal law in sentencing in which criminal cases the accused sincerely repent to plead guilty,voluntarily undertake the consequences of the criminal itself,voluntarily undertake criminal penalties.It is our country present judicial gave rise to a new criminal system after the summary procedure,the criminal reconciliation procedure(VOR)and the fast-track trial procedures for criminal cases,and is also a new achievements of the reform of the judicial system in our country,is the new embodiment of Chinese judicial civilization,is also a new subject of great research value.The paper try to from making legal analyzing on the construction of leniency on admission of guilty and acceptance of punishment,exploring its value,and seeking effective ways to realize the system value,to fully manifest and realize its value.leniency on admission of guilty and acceptance of punishment in addition to the justice value and order value of the essence of criminal law,this system also has the efficiency value and tolerance value that reflects its characteristics.But in judicial practice,the system has not been perfect enough,its value realization are limited by two aspects of procedure and entity of obstacles.In order to overcome the obstacle to eliminate the negative influence,and to effectively promote the value of the leniency system,we need to explore the ways to realize the value of leniency on admission of guilty and acceptance of punishment system from six aspects.The subject participant.Establish the normative mechanism of prosecutor,defense lawyers,judges,the criminal suspect(defendant)ect.,and regulate the rights and obligations of each participant.The case scope.In the case of felony,it is normal to apply the system for confession,and the specific case is to be exception.The standards of proof and the standards of conviction and sentencing in the system scope should also be distinguished from the criminal law stipulated standards.4.The principle and range of the system.Its value realization must uphold the criminal law principle,responsibility for Criminal suit,at the same time,scientific application of discrimination principle.5.The sentencing leniency scope can be extended from the simplification of procedure and the leniency of penalty.In the case of less harmful to society,it can be handled by non-torture methods such as community correction.6.The phase of lawsuit.From the stage of investigation,prosecution and confirmation,we should standardize the process of case handled,always ensure the voluntary nature of the criminal suspect,and establish violation of voluntariness relief mechanism.