Research On The Implementation Of The Leniency System In My Country

The system of leniency for pleading guilty and accepting punishment has been officially determined as an important procedure principle of the criminal procedure law.The criminal procedure law amended in 2018 perfects the system.The regulations on speedy procedures,duty lawyers,etc.have been added,and the results of the reform have been consolidated in legal form.In criminal cases,pleading guilty refers to the fact that in the criminal case,the accused person admits the guilty plea and confesses the crime,and thus bears the consequences of his own criminal behavior and bears the corresponding penalty.The confession of confession and punishment does not mean that the culpability of the criminal suspect and the defendant should be reduced and the culpability of the criminal suspect and the defendant should be reduced,but that the criminal suspect and defendant should be subject to leniency within the bounds of "legal and legal punishment of crimes." Suspects and defendants made leniency decisions in addition to legal provisions.The leniency system is a successful legislation example which absorbs its experience from the pilots in practice.To precisely comprehend and apply the system,one must dig into the problems on substance determination and procedure application which are reflected during the pilot process.Based on this,through the experience of foreign plea bargaining system and criminal negotiation system,this paper analyzes the problems existing in the practice of confession and punishment from the perspective of China's national conditions,and puts forward relevant countermeasures and suggestions based on the current judicial situation in China.In theory,the legal norms of confession and punishment should be improved.In practice,the establishment of a confession and confession authenticity guarantee mechanism and the corresponding supporting system.Strictly identifying guilty pleas,confession and lenient,improving the duty lawyer system,guaranteeing the voluntariness of confession and punishment,and correctly grasping the sentencing recommendations are of great significance for the accurate application of confession and punishment.The confession of confession and punishment is the essence of our criminal policy of tempering justice with mercy.It is a new manifestation of the criminal policy of tempering justice with strictness in the new era and new situation.