The Case Study On Application Of The Leniency System Of Pleading Guilty And Accepting Penalty In Minor Injuries

The Leniency System of Pleading Guilty and Accepting Penalty is a new system which set up in the criminal procedure law implemented in October 2018,and its application scope covers almost all criminal cases and the whole process of handling criminal cases.There have been abundant research achievements on the macroscopically analysis of The Leniency System of Pleading Guilty and Accepting Penalty,but there are few studies on the application of The Leniency System of Pleading Guilty and Accepting Penalty to individual cases.The case of minor intentional injury is simple,and the result of judgment is influenced by the circumstances of sentencing.Minor injuries cases for confession forfeit from system,makes the verdict was improved the stability of the case,but because there is no unified standard for greater confessed forfeit the magnitude of the,and pleaded guilty to forfeit their surrender and confession,the parties,the settlement from the plot of the boundaries of the traditional standards are inconsistent,so such cases of sentencing still exist great differences.The study on the application of The Leniency System of Pleading Guilty and Accepting Penalty in minor injury cases can play a positive role in the improvement of the system,the protection of the rights and interests of the accused and the promotion of judicial justice.This paper firstly compares a large number of cases as a whole,and briefly analyzes the difference between the judgment results of minor intentional injury cases that are applicable to the leniency system of guilty plea admission and those that are not applicable to Pleading Guilty and Accepting Penalty admission and intentional injury cases,and then selects individual cases to make a detailed analysis of Pleading Guilty and Accepting Penalty admission and intentional injury cases.In this paper,we choose mainly Weixing Yuan intentional injury cases,spread to Xiaogang Lan intentional injury,Yonghong Zhang intentional injury,Peng Jiang intentional injury,Zelv Wang intentional injury and Kaiyou wang intentional injury,comparative analysis,sum up four dispute focus: 1,the accused person defends its behavior belongs to the justifiable defense is completely negative pleaded guilty to forfeit;2.Whether the confession and confession,surrender and confession are fully conformed at the time of identification;3.Whether the victim and the defendant have not reconciled with the victim can apply the system of guilty plea and leniency;4.Whether the court should treat different types of sentencing recommendations differently.Then analyze the four controversial points in detail,and put forward personal views.Finally based on the analysis on the focus of controversy,extend thinking applies pleaded guilty to forfeit their no need to be aware of problems in the system,that is,from clear judicial case authority fully inform obligation,lawyers involved in substantive,protect the back right of accused person as greater aspects of security for confessed forfeit their system when the rights of the accused person;The litigation efficiency should be effectively improved from the aspects of improving the enthusiasm of the investigation organs in applying the admission of guilty plea,making full use of the non-prosecution system,and encouraging the application of the degree of quick adjudication.