A Study On The Leniency System Of Confessing Guilt And Punishing In My Country

The leniency system of confession and punishment was first established in the form of law in the newly revised criminal procedure law of 2018.The system was put forward under the specific background of the times,which shows that China's criminal policy of "Combining Leniency with strictness" is no longer a slogan of principle,but reflected through specific legal system.The leniency system of confession and punishment in our country has gone through the process from fixed-point experiment to formal establishment,which is enough to show the state's cautious attitude towards the introduction of the new system,but the new system will inevitably expose the areas not involved in the system or not clear in the process of implementation,which requires legal people from all walks of life to constantly find problems in practice to promote the system to improve.This paper tries to explore the background,connotation and value orientation of the leniency system of confession and punishment,combined with the practical problems in the operation of our country,and based on the analysis of the advanced experience of similar systems in foreign countries,put forward targeted improvement measures,so as to make our confession and punishment system more perfect and play more system value.The paper is divided into four parts,the main contents are summarized as follows:Part I: IntroductionSince the establishment of leniency of confession and punishment system,the application rate of the system has been increasing year by year in all parts of the country.The purpose of this paper is to show that there are no special restrictions on the application scope of leniency of confession and punishment system by selecting cases with special nature of crime,and to explore the rationality and generality of the system design through dealing with the special problems in the process of actual cases After that,the foundation is laid.Part II: definition and clarityTo carry out the leniency system of confession and punishment,first of all,we need to clearly define its specific connotation.By tracing the establishment background of the system and clarifying the meaning of "confession","confession and punishment" and "Leniency" and the relationship between them,we can more clearly define the characteristics and value orientation of the system.To explore theoriginal intention and practical value of the establishment of the system plays a positive role in the actual implementation of the spirit of the system and the reduction of operational resistance.Part three: finding problemsThe problems exposed in the judicial practice of leniency of confession and punishment fully show the shortcomings of the system in theory.Whether the standard of proof can be reduced,whether the defenders can defend the defendants' innocence and whether the defendants can exercise their right of appeal are not clear in the current theory.If not unified,all judicial organs are allowed to make a variety of results.The ultimate damage is the feasibility of the system and the credibility of the judiciary.Part four: improve the systemThe plea bargaining system in the United States and the plea negotiation system in Germany have more practical experience than the plea leniency system in China.As a new system in China,we should learn from the rationality of similar systems in representative countries,actively transform useful experience,and finally form a representative system with Chinese characteristics.