On The Leniency System Of Pleading Guilt And Punishment

On October 26.2018.after three deliberations by the Standing Committee of the National People's Congress,the Sixth Session of the Standing Committee of the National People's Congress voted to adopt a decision on amending the Criminal Procedure Law.Summarize the experience of pleading guilty and pleading guilty from the wide system and the criminal rapid ruling procedure,and raise the effective and reproducible practices that can be copied and promoted into legal norms,and establish a unified criminal litigation case diversion mechanism nationwide.The promulgation of the system of confession and punishment is an effective way to save judicial resources,improve the efficiency of litigation,ease the number of cases in judicial practice,and lack judicial personnel.Although the confession of confession has been absorbed in the latest criminal procedure law,but the specific operational rules for the system have not yet been introduced,so the previous pilot areas continue to apply before the pleading guiltyThe problems in the pilot are still the key points to be paid more attention to in the following supporting measures of pleading confession and punishment leniency system.The problems such as the lack of voluntary and rights protection for criminal suspects in the process of confession and punishment,the lack of clarity of leniency,the insufficient help of duty lawyers,and the imperfection of the diversion mechanism of cases,and so on.As well as the vacancy in the latest Criminal procedure Law on the details of the confession and punishment system,and put forward some measures to deal with the above-mentioned dilemmas Furthermore,it can provide effective help for criminal suspects;it is necessary to improve the application rate of the distributive procedure of confession and punishment by constructing the mechanism of running through the whole process and improving the internal management of procuratorial organs.