Current Situation,Problems And Improvement:A Study On The System Of Admitting Guilty And Punishing Leniency

From the pilot to the universal application,the lenient system of guilty admission and punishment has played an obvious effect on solving the pressure of more and less people in the judicial department cases and improving the efficiency of litigation.At the same time,it also plays a better role in protecting the legitimate rights and interests of the accused.However,as a new system,there will inevitably be some applicable problems in the current judicial practice.The existing laws and regulations and related system design can not solve these problems in time and concretely.Therefore,it is necessary to analyze the existing disputes from the point of view of practice and put forward solutions on the basis of a comprehensive understanding of the operation of the system.Taking some judgment documents in Henan area as a sample,this paper analyzes the implementation of the lenient system of guilty admission and punishment,and puts forward some relevant suggestions on the problems existing in the application of the system.Through sorting out the case data,the problems are mainly focused on the following aspects:unreasonable appeal phenomenon after the defendant pleads guilty and admits punishment;the implementation of the duty lawyer system is not in place;the sentencing suggestion of the procuratorial organ is not clear;The number of felony cases applying guilty admission is small.Therefore,in view of the above problems,it is necessary to design the relevant mechanism and perfect the supporting measures to make the confession and punishment more suitable for the actual requirements of the judiciary in our country.First of all,in view of the abuse of the right of appeal by the defendant,the system design should strengthen the protection of the relevant rights and interests of the defendant while reasonably restricting;secondly,the duty lawyer should actively exercise his right to provide substantive help to the accused.Finally,we should pay full attention to the application of confession and punishment in felony cases,and construct a matching mechanism on the characteristics of felony cases.