The Criminal Law Dimension Of ’plea Guilty And Punished With Leniency’

The leniency system of confessing guilt and punishing is a product of criminal integration.It should affect the judgment of punishment in the form of sentencing circumstances.On the one hand,it has the function of multi-range lenient,which can be lighter within the statutory penalty,but also within the statutory penalty range.The following mitigation of sentencing or exemption of substantive punishments,on the other hand,are comprehensive.This is due to the diversified manifestations of confession of guilt and punishment leading to the diversification of the system.The pursuit of efficiency improvement and large-scale application should not be the core of the system.The connotation of confession and punishment can be divided into broad sense and narrow sense.The broad sense of confession and punishment includes the offender’s simple expression of his normative understanding and active cooperation attitude and recognition that he should be punished.The narrow sense of confession and punishment requires the offender to recognize the crime and further recognize it.The suggested result in the sentencing proposal,the space between the two is the space where various degrees of confession and punishment exist,and the different degrees of confession and punishment affect the actual result of lenient punishment.Subtractive doctrine is more in line with the expected effect of pleading guilty and punishing.The selective application of lighter,reduced or exempted punishment increases the flexibility of comprehensive sentencing circumstances.Ambiguity provides a basis for the legitimacy of punishment for confession of guilt and lenient.At the same time,the legitimacy of confession of guilty and lenient is also affected by the mitigation of punishment.The return of criminals’ loyalty to norms and the reduction of personal danger are the core elements of the plot of confession and punishment.The confession of guilt and punishment is the offender’s behavior after committing a crime,which in principle affects the judgment of preventive punishment.However,when the behavior after the crime affects the illegality of the criminal behavior or reduces the offender’s responsibility,the impact of confession and punishment on the liability penalty cannot be denied.The concept of "substantial responsibility" moderately adjusts the layout of "responsibility penalty",which provides a new way of thinking about pleading guilty and punishing leniency.The legal application relationship between plea guilty and punishment and the broad confession system is a cross relationship.In addition to the introduction and conclusion,this article is divided into four parts:The first part of the substantive connotation of confession of guilt,confession of guilt and lenient,mainly studies the connotation of confession of guilt,confession and lenient,and puts forward the concept of confession of guilt and confession of lenient in different degrees.The second part is the substantive legitimacy of the confession of guilt and punishment.This part mainly studies the substantive legitimacy of the confession of guilt and punished leniency system.It points out that on the basis of the criminal sanctionism,the perpetrator’s personal danger theory,the concept of substantive liability,and punishment.How the mitigation of confession provides substantive legitimacy for confession and punishment.The third part is the substantive positioning and penalty effect of confession of guilty and lenient punishment.It mainly studies the position of confession of guilty and lenient in substantive law and how it affects the judgment of liability and preventive punishment.The fourth part is the legal application relationship between confession and confession and confession.It mainly studies the legal relationship between confession and confession in a broad sense.It distinguishes several theoretical viewpoints and clarifies the cross-relationship between the two.