Empirical Study On The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment At The Stage Of Prosecutions

As a system formally established in the new criminal procedure law,the purpose of the system is to save judicial resources and improve the efficiency of litigation,so as to promote the reform of the litigation system centered on trial.In the application of judicial organs,not only has obtained certain practical experience,but also found the problems and challenges.Procuratorial organs in which plays an important role,therefore this article mainly through to the C city area A people’s procuratorate for greater confessed forfeit their investigation of the current practice of the system,to analyze the data and information,found that the procuratorial organs have results and existing problems,and pleaded guilty to forfeit their possible insights from the system of perfect work.This paper mainly includes the following four parts:The first part,taking the people’s procuratorate of district A of C city as the research sample,mainly introduces the practice of the people’s procuratorate of district A of C city applying the leniency system of guilty plea and punishment.Through investigation,it is found that 78.69% of the people’s procuratorate of district A in C city applies guilty plea and punishment,and the cases that apply the lenient system of guilty plea and punishment mainly include theft,dangerous driving,traffic accident and other crimes with less social harm.Generally,the application of the leniency system was not started until the procuratorial link,and only 0.93% of cases were started by the investigation link.The lenient treatment includes admission of guilt,admission of punishment and non-prosecution,but the procuratorial organs are cautious about the decision of admission of guilt,admission of punishment and non-prosecution,and the application rate is 2.5% at present.The application of the leniency system of guilty plea and punishment is connected with the quick ruling procedure and summary procedure,and the procuratorial organ plays an important role in the connection between them.The process of sentencing negotiation is dominated by the procuratorial organ and the participation of lawyers is low.The sentencing recommendations put forward by the procuratorial organs for the cases of guilty plea and punishment generally range from 10% to15%.There has been some progress in the accuracy of the sentencing recommendations,but there is still room for further improvement.Adoption rates is relatively high in court judgments,accounting for 93.6%.The second part analyzes the main achievements in the application of the leniencysystem of guilty plea and punishment by the people’s procuratorate of district A in C city.,summarized the progress through the research of data and analysis found that area A greater forfeit pleaded guilty at the applicable system of the people’s procuratorate work success is mainly embodied in the system level,efficiency,quality assurance,in terms of system applies,A district people’s procuratorate made suitable proportion gradually improve,and constantly promote greater "" form diversification and ensure effective connection with special application results;At the level of efficiency improvement,the people’s procuratorate of district A has made efforts to explore intensive working mode and optimize inter-departmental working mechanism.In terms of quality assurance,the people’s procuratorate of district A has adopted A series of measures to improve the ability of case workers and combine them with the mode of case quality supervision to ensure that the quality of cases is not reduced while improving efficiency.The third part analyzes the main problems in the application of the leniency system of guilty plea and punishment by the people’s procuratorate of district A in C city.Through the summary and analysis of the data obtained from the survey,it is found that the main problems faced by the people’s procuratorate in district A include: the dominant tendency of authority in the sentencing process will lead to the possibility of admission of guilt and punishment being reduced;The low involvement of lawyers in sentencing negotiation makes it difficult for suspects and defendants to make rational decisions.The accuracy of sentencing recommendations needs to be improved,and the effectiveness of sentencing recommendations in plea and punishment cases has been improved,so the corresponding improvement of its accuracy is required.The low cooperation degree of the investigation organs led to the leniency system of guilty plea and punishment in the procuratorial link,which increased the pressure on the procuratorial organs.The measures to simplify the case handling process are still not perfect and the goal to improve the efficiency of litigation in the system of leniency of guilty plea and punishment has not been fully and effectively brought into play.The fourth part of the investigation found in the prosecution of the application of the system of leniency in the practice of the prosecution put forward Suggestions to improve.In order to ensure the effective participation of the on-duty lawyers,this paper puts forward Suggestions to clarify the scope of rights and duties of the on-duty lawyers.Aiming at the problem of the relationship between accusation and defense in the balanced negotiation,this paper puts forward some Suggestions to perfect the procedure standard and set up the remedyof contrite.This paper puts forward some Suggestions to improve and strengthen the supervision mechanism from two aspects of internal and external supervision.The article suggests to improve the accuracy of sentencing recommendations by clarifying lenient standards,implementing partial review,and introducing sentencing assistance software.In order to realize the high efficiency of case handling,we can set up the whole process simplification mode,improve the cooperation degree of investigation organs,and introduce the intelligent auxiliary system.