Research On The Leniency System Of Pleading Guilty And Punishment

The formation,development and improvement of the leniency system of leading guilty and accepting penalty all reflect the single face of criminal justice throwing away punishment,and the multiple faces of pursuing the relaxation of social relations and restraining the power of punishment.The leniency system of leading guilty and accepting penalty takes the focus on the people in litigation as the starting point of value,to achieve power checks and balances,and to ensure that the prosecution and defense are consistent as an external manifestation,and strives to achieve the purpose of criminal governance and social relations restoration.Our country pleaded guilty and punishment started relatively late from the leniency system,from the pilot work to gradually mature,and then to formally establish system norms,the time is not long.Among them,the theoretical research results are still lacking,and the accumulation of practical experience is insufficient.At the current stage,there are many problems in the normative basis and actual operation of the system.Study the leniency system of leading guilty and accepting penalty.This article mainly starts from studying the value of the system and analyzes the value and significance of advocating confession and punishment from the prosecuted person.Then it introduces the current status and existing problems of the leniency system of leading guilty and accepting penalty in China after the revision of the Criminal Prosecution Law,and conducts in-depth research on the two focus issues of the prosecution 's voluntary confession and punishment confession and the procuratorial organ 's sentencing recommendation system.The article is divided into four parts,the first part is the litigation value of the leniency system of leading guilty and accepting penalty.leniency system of leading guilty and accepting penalty has the value of improving litigation efficiency,highlighting the spirit of judicial tolerance and realizing the optimal allocation of judicial resources.At the same time,one of the practical rationality of the confession and punishment system lies in its observance and improvement of due process and the principle of presumption of innocence.The second part is an analysis of the status quo of the leniency system of leading guilty and accepting penalty in China.From the pilot work to the revision of the Criminal Procedure Law,the system's application rate has been increasing.This chapter first introduces the legislation and judicial operation status of the confession and punishment system.Briefly analyze the basic situation of application.Through data and case analysis,it is found that there are currently cases where the scope of application is too narrow,and the disputes of appeal cases in second instance are complicated.Then focus on the pen and ink to analyze the prosecution's guilty plea and punishment,the lack of voluntary guarantees and sentencing issues.The third part is the research on the voluntary issue of the pleaded guilty pleading guilty in the case of pleading guilty.First,clarify the value and significance of guaranteeing the voluntariness of the prosecuted person to confess guilt and punishment.The second is that the voluntarily pleading guilty should be "knowledgeable".Third,since there are very few “voluntary” reviews and judgments on pleading guilty and punishment in China,it is necessary to strengthen voluntary procedural guarantees.The fourth is to establish the necessity and ways of the defendant's right to repent in the confession and punishment procedure.The fourth part is the research on the suggestion of sentencing in the leniency system of leading guilty and accepting penalty.Combining specific cases,the current sentencing recommendations are not unified,conflicts with the judicial power and the lack of supervision of the prosecution's sentencing recommendations.Make it clear that the sentencing recommendations made by the current procuratorial organ should be precise and definite,and the urgency and necessity of revising and perfecting our sentencing guidelines.At the same time,strengthen the supervision of the prosecution organ's sentencing recommendations and the relief of the sentencing recommendations that have not been adopted.