The Current Situation And Countermeasures Leniency Of Confession And Punishment In Felony Cases

The leniency system of confession and punishment is the key direction of the new round of judicial reform in China.At present,it has achieved good results in the quick adjudication process,and then it faces the problem of developing in depth.At present,the main scope of application of leniency of confession and punishment system is in the light crimes.Combined with the experience and Enlightenment of leniency of confession and punishment system in the light crimes,the application of leniency of confession and punishment system in the serious crimes has practical basis and legal basis.The inevitable move in the process of the reform of the legal system is conducive to maintaining the judicial authority,inspiring the public and criminals to recognize the confession and repentance,preventing the occurrence of unjust,false and wrong cases,and saving judicial resources.This paper is mainly divided into three parts,including: the first part,the feasibility study of the leniency system of confession and punishment in felony cases.which is the premise and guarantee of this paper.It mainly discusses the scope of application.It mainly studies the cases that may be sentenced to more than three years of fixed-term imprisonment to provide legal and theoretical support for the application of felony cases.In the second part,it discusses the system obstacles of leniency of confession and punishment in felony cases.The main reason is that the procedures and requirements faced by such cases are more complicated and precise than those of misdemeanor.Therefore,the analysis of institutional obstacles mainly includes the lack of leniency,the lack of voluntary review,the absence of protection of victims’ rights and interests,the ambiguity of regulations on the exercise of estoppel.The third part is about the suggestion of the lenient system of confession and punishment for felony cases.It is based on the summary of the judicial practice of misdemeanor cases,and rooted in the traditional legal concept of our country.We should refine the procedure of case diversion,the range of leniency,build a comprehensive and multi-level voluntary review mode,protect the rights of the defendant,ensure the participation of the lawyers on duty,and adhere to the standard of routine proof.This paper can not fully show the reality and the system of leniency of confession and punishment in felony cases,and the problems and suggestions put forward are also difficult to be comprehensive and comprehensive,but it is hoped that this paper can cause some reflections on the application of leniency of confession and punishment in felony cases in social and academic circles.