The Operating Procedures Of The Leniency System For Confession Of Guilt And Punishment Are Improved

In October 2018,the new changes of the criminal procedure law formally pleaded guilty to forfeit merely as a basic principle in law,and the detailed regulations pleaded guilty to forfeit their related to run the program from the system,such as increased regulation on duty lawyer system,will forfeit pleaded guilty,and so on and so forth as the size of the audit risk factors,pleaded guilty to forfeit their case examination and prosecution stage procuratorial organs shall listen to the opinions of the parties and participants in the proceedings,pleaded guilty to forfeit their case to the signing of the declaration,etc.On the one hand,it determines whether the efficiency of criminal procedure can be maximized and whether the judicial resources can be optimized.On the other hand,it directly reflects whether the human rights of defendants can be fully guaranteed and whether the social stability can be maintained.Greater China pleaded guilty to forfeit their system and international pleaded guilty plea bargaining system,consultation system embodies the spirit of greater confession,throughout the international judicial confession from the related system has strong vitality,the problems,solve the problem of continuous development and improvement,not only to maintain the social fairness,justice,order,and also improve the judicial efficiency.It is of great practical significance to perfect the operation procedure of the lenient punishment system.This paper focuses on the study of the perfection of the operating procedures of the system.From the perspective of positivism,it makes a comprehensive analysis of the legislative background and judicial status quo proposed by the system,points out the difficulties and reasons faced by the system in practice,and especially pays attention to the procuratorial practice problems of the lenient punishment system after the implementation of the new criminal procedure law.This paper also adopts the method of comparative study,the system and the American plea bargaining system,Germany confessed consultation system,Japan's plea system operation,fully absorb the discovery of plea bargaining,sentencing standardization and effective defense,pleaded guilty to negotiate in Germany,Japan's rapid conduction system,such as the practical application of the system in the criminal lawsuit idea of a rich,through to our country practice problem,based on the procuratorial tache to realize pleaded guilty and not guilty of criminal case shunt,complex and simple,provide a beneficial reference for the judicial practitioners.The basic content of the paper is divided into four parts:the first part discusses the connotation of the lenient punishment system for guilty plea in China,the background,the foreign experience that can be used for reference--the American plea,the German plea bargaining system,the Japanese plea mechanism,and the spirit and connotation of the lenient punishment system for guilty plea from the domestie background and foreign experience.The second part discusses the current situation and problems of the lenient punishment system for guilty plea in China.Firstly,it discusses the current reform of the relevant existing lenient punishment system for guilty plea,because after the reform of the post system of prosecutors and judges,it is more necessary to adopt the lenient punishment system for guilty plea to separate complicated and simple cases.Thirdly,from the practice analysis of procuratorial phase of the system of confession and punishment in reality encountered difficulties,through part of the case analysis.The third part elaborates the causes of the problems,first discusses the conflict between litigation justice and litigation efficiency,secondly discusses the limitations of prosecutors,discretion in prosecution,and finally discusses the procedural operation defects of the case of confession and punishment.Forfeit the fourth part expounds pleaded guilty to run the program from the system perfect,is comprehensive,this article put forward the solution to the problem,check first link is perfect,including aspects of perfecting the prosecution discretion and improve the efficiency of case handling,secondly discusses pleaded guilty to forfeit their case proof standard,the relevant institutional guarantee,including establishing discovery system,perfect the defense system and set up the victim participate in system.