Research On The Operating Status, Problems And Improvement Of The System Of Plea Guilty And Punished Leniency

After two years of piloting the lenient system in 18 regions of the country,it was formally established and fully promoted in the Criminal Procedure Law amended in2018.As a new system to implement the lenient and strict criminal policy,how to connect with the current system,maximize the system value of streamlining and streamlining and improving the efficiency of litigation is an important topic of concern in practice.The theoretical circles have put forward many insightful views on the construction of confession and punishment from the broad system.However,there are not many studies on the actual operation status of the system after the establishment of the legislation,the impact on the public security law organs,and the problems exposed.This paper begins with the analysis of the connotation of confession and punishment from the connotation of the system,discusses its institutional attributes and institutional values,examines its specific operational procedures in the investigation,prosecution,and trial stages,and analyzes the impact of the application of the system on the public inspection law organs.It is a great advantage for the public security organs to plead guilty to confession and punishment.The criminal policy of "confession and lenient" is embodied,and the signature of the confession and confession is made,so that the criminal suspect can actually feel the confession and punishment.The sentencing concessions will help improve the efficiency of investigation and trial and effectively crack down on crimes in a timely and effective manner.For the procuratorial organs,it is both an opportunity and a challenge.Signing a confession and confession with a criminal suspect and proposing a sentencing proposal has increased the workload of the procuratorate on the one hand,and enhanced the procuratorial function and enhanced its status.As far as the court is concerned,the implementation of the system has advantages and disadvantages.On the one hand,most pleading guilty cases are subject to expedited procedures,which enhances the efficiency of litigation.On the one hand,such cases should generally adopt the sentencing recommendations proposed by the procuratorial,and weaken the judicial power to a certain extent.Forming a formal formof trial.In the operation of the system,the system also has different understandings of the scope of application,the imperfect examination mechanism,the limited help of duty lawyers,the lack of sentencing recommendations,the inconsistency between the defense and the defense,and the formality of the trial.In view of the above problems,this paper proposes to define the scope of application,improve the voluntary review mechanism,strengthen the effective help of lawyers,strengthen the standardization of sentencing recommendations,balance the mode of pleading guilty,and implement countermeasures for the substantiveity of trials,with a view to pleading guilty to the lenient system.Good service to the reform of the judicial system and the construction of a society ruled by law.