Criminal Law Of Leniency Pleading Guilty Normative Research

Since the implementation of the leniency confession and punishment system in China,it has played a good role in streamlining and streamlining cases and optimizing the allocation of judicial resources.But the system of confession and punishment for leniency has both procedural law significance and substantive significance.Its purpose is not only to improve the efficiency of criminal proceedings,but the leniency of the sentence given to the person being prosecuted is also its system objective.Reform first and concept first are mutually reinforcing states.Although China’s "Criminal Procedure Law" has clearly stipulated the leniency of pleading guilty and punishment system has been formally implemented,but does not clearly confirm the application of criminal punishment in criminal law principles and benchmarks.As people continue to deepen their understanding of the system,the role of the confession and punishment leniency system is becoming more and more important,so it is increasingly important to improve the substantive construction of the system and clarify the benchmarks for its application of criminal law.Since the current system of confession and punishment for leniency is only stipulated in the criminal procedure law,there is a system of procedural law in academic circles,and in practice there is a dilemma in the criminal law norms.Judging from the existing regulations,the leniency plea punishment and leniency system is a comprehensive system that takes into account both the procedural law and the substantive law,but China ’s substantive law has not yet clearly defined the normative basis for the leniency punishment leniency system.Emphasizing that the procedural law stipulates that it is only possible to borrow similar substantive law on the basis of sentencing.Taking "confessing guilty" and "confessing punishment" as conditional factors and "leniency" as the result factor,it is found that the current criminal law norms of confessing confessing punishment and leniency are scattered in the general rules and sub-rules of criminal law according to the different emphasis factors of confessing,confessing and leniency.Among them,the normative basis for confessing punishment and leniency punishment leniency linked to "confessing guilt" is expressed in the general rules as a confession and surrender system.In the sub-rule,the bribery crime is represented as a model of leniency confession leniency;The normative basis for confessing punishment and lenient punishment in criminal law is expressed as a probation system in the general provisions,and in the sub-clause,the corruption and bribery crime is represented as a model of leniency in confessing punishment and leniency;Mitigation,exemption from punishment and application of probation.Although there are provisions in the current criminal law that are linked to the system of leniency in plea confession and punishment,due to the lack of direct regulations on leniency in plea confession and punishment,there are still some problems in which the confession and leniency in confession are not applicable or the applicable standards are vague.In view of this,the establishment of the criminal law normative basis for the leniency of pleading guilty and punishment has its necessary value.On the one hand,it is possible to set up a separate punishment confession punishment and leniency plot through judicial interpretation;on the other hand,when conditions are ripe in the future,the confession punishment leniency system can be added through criminal law amendments to fully realize the important value of the confession punishment leniency system in the physical norm And function.