Research On The Balance Of Prosecution And Defense In The System Of Leniency Of Confession And Punishment

With the deepening of judicial reform in China,the system of leniency in confession and punishment has become an important field of criminal procedure in China.The system of leniency in confession and punishment plays a significant role in promoting the fair and effective timely handling of criminal cases.The establishment of this system not only clarifies the consultative criminal dispute handling mechanism of confession cases in China,but also indicates the direction of the reform of the litigation system in China.In the process of perfecting the system of leniency of confession and punishment,the core of the system is to guarantee the voluntary nature of the accused to plead guilty punishment.Voluntary guarantee can be balanced and negotiated between the prosecution and the defense to reach cooperation.Although many legal systems have been introduced in China,which strive to balance the relative equality between the prosecution and the defense in the case of lenient confession and punishment,there are still some problems in the legal system of our country,such as unequal legal status,poor negotiation effectiveness,and the difficulty of safeguarding the litigation rights and interests of the accused.The system of confession in western countries such as the United States has been established for a long time and gradually improved.Therefore,this paper attempts to study the beneficial experience of the foreign confession negotiation system and combine with the local conditions of our country to seek effective modification and improvement.In judicial practice,the system of leniency of confession and punishment has become the main applicable system in the current criminal case handling in China.Therefore,the imbalance of prosecution and defense existing in the system of leniency of confession and punishment of crime has been reformed and perfected to balance the position and rights of both parties in the lawsuit,protect the rights and interests of the accused,guarantee the voluntary nature of the confession and punishment of the accused,and promote the confession and punishment from It is necessary to develop a wide system in a good and orderly manner.This paper,based on the current implementation of the system of leniency in confession and punishment,explores the imbalance of prosecution and defense and some adverse effects caused by the application of the system based on the combination of theory and judicial practice,and tries to provide solutions to the problems.Through promoting the balance between prosecution and defense in the system of leniency of confession and punishment,we can effectively protect the litigants’ rights and interests,and make the cases with lenient confession and punishment be treated fairly and effectively.The first part is the summary of the balance of accusation and defense in the system of leniency of confession and punishment.This part makes a brief discussion on the connotation,theoretical basis and significance of the balance of prosecution and defense,and explains the importance of pursuing the balance of prosecution and defense in the implementation of the system of leniency of recognition and punishment.The second part,the current situation of the relationship between prosecution and defense in the application of the system of confession and punishment.From the perspective of theory and practice,this paper analyzes the balance of the relationship between prosecution and defense in the system of confession and punishment,such as the unequal status of both parties,poor effectiveness of negotiation,and the difficulty of safeguarding the litigation rights and interests of the accused.The paper analyzes the causes of these problems.Finally,it tries to describe the harm caused by the imbalance of prosecution and defense to the plea negotiation.The third part is the investigation of the balance of accusation and defense in the system of plea negotiation.This part analyzes the equality system of plea and defense in the negotiation system of the United States,Germany and Italy,in order to explore the Enlightenment of the balance of accusation and defense to the system of the balance of accusation and defense under the system of leniency of confession and punishment.The fourth part is the measures to improve the system of leniency in pleading guilty and punishment.Starting from the current situation of the balance between the prosecution and the defense in China’s plea bargaining system,this paper draws on the advantages of the balance between the prosecution and the defense in foreign plea bargaining system,and combines with the basic situation of China’s criminal justice to put forward suggestions on improving the balance between the prosecution and the defense in China’s plea bargaining system.In order to maintain the balance between the prosecution and the defense in the implementation of the leniency system,we need to emphasize the objective obligation of the prosecutor to prosecute the crime as a prosecutor,and at the same time,we should play the responsibility of the legal supervisor to protect the right of defense and the basic litigation rights and interests of the accused.Finally,the judge’s voluntary substantive review of the accused’s guilty plea plays a key role in creating a balanced environment for guilty plea negotiation.