Research On The Leniency System Of Pleading Guilty And Punishment

The system of leniency for pleading guilty and accepting punishment comes from the criminal policy of combining punishment with leniency.It is another system which is piloted immediately after the fast-track sentencing procedure,and has both substantive and procedural values.The revision of the Criminal Procedure Law of the People's Republic of China in 2018 has promoted the pilot work of the the system of leniency for pleading guilty and accepting punishment,and the reproducible experience has been raised into a legal norm.The system of leniency for pleading guilty and accepting punishment explores the construction of the case diversion mechanism,which is of great significance to the construction of the misdemeanor system with Chinese characteristics,and at the same time plays an important role in alleviating the contradiction between the judicial resources and the number of cases in our country.It is also the embodiment of judicial civilization.Taking the system of leniency for pleading guilty and accepting punishment as the research object,combining with the practical experience in the pilot work and the academic theoretical discussion on the leniency system of confession and punishment,this paper makes an analysis of the similar system outside the territory by using the method of comparison,reflects on the existing problems in the system of leniency for pleading guilty and accepting punishment,and puts forward the idea of perfection with a view to making a modest contribution to the realization of the value of the system.This paper analyzes the concept of "pleading guilty","accepting punishment" and "leniency".From the implementation of the criminal policy of combining punishment with leniency,to achieve the rational allocation of judicial resources,and to explore the formation of a non-adversarial judicial litigation pattern,promote the process of democratization of criminal procedure from four angles to explore the value of the system of leniency for pleading guilty and accepting punishment.By comparing the extraterritorial plea bargaining with the system of leniency for pleading guilty and accepting punishment,it is found that although the standards of proof can be lowered,the prosecutions can be lowered and the standards of leniency are clear or not,there are differences in the validity of a plea agreement,but the essence of the pursuit is similar.On this basis,we can draw lessons from the successful practice of plea bargaining,pay attention to the protection of the basic right of prosecution,and attach importance to the reasonable expression of the views of the victims.It is not allow to force the defendant to plead guilty and to protect the defendant right of repentance and appeal to improve the system of leniency for pleading guilty and accepting punishment in China.Through the practice of the pilot work,the problems such as insufficient voluntary guarantee of confession and punishment,insufficient consultation on prosecution and defense,and lack of a sound incentive mechanism exist in the system of admission and punishment of guilty pleas and punishments,and so on.I points out that the court's voluntary examination of the guilty plea punishment should be strengthened,the function of the duty lawyer should be strengthened,and the voluntary relief mechanism should be set up to guarantee the voluntary of the pleading guilty and accepting punishment.Through the construction of multi-subject participation,multi-stage applicable prosecution and defense consultation procedure,to protect the suspect,the defendant's right to defense to make the prosecution and defense negotiation substantive;Through the improvement of sentencing norms and leniency system,the different leniency mechanism is stipulated and the leniency incentive mechanism of investigation stage is strengthened to construct a sound incentive mechanism of pleading guilty and accepting punishment.