The Dilemma And The Way Out Of The Lenient Punishment System For Guilty Plea

After two years of pilot,the leniency system of guilty plea and punishment was officially established in the revised criminal procedure law in 2018.The leniency system of guilty plea and punishment is widely used in practice.It plays an important role in promoting the diversion of complex and simple cases,improving litigation efficiency,safeguarding the legitimate rights and interests of the parties and promoting social harmony and stability.Now it has become an indispensable part of China's criminal procedure system.Although China's leniency system of guilty plea and punishment has had a positive impact on China's litigation procedures,with the in-depth development of the leniency system of guilty plea and punishment,there are also many problems in practice.This paper lists the problems of the leniency system of guilty plea and punishment in practice,analyzes the reasons behind the problems,and puts forward corresponding solutions,so as to promote the improvement of the leniency system of guilty plea and punishment.As one of the most important criminal procedure systems in China,the research on the leniency system of confession and punishment has different views in the theoretical and practical circles.Starting from the theoretical basis and value of the leniency system of confession and punishment,this paper discusses many problems in the operation of the leniency system of confession and punishment,and puts forward the corresponding improvement path.Therefore,this paper is divided into three parts:The first part is the theoretical basis and value of the leniency system of confession and punishment.By defining the connotation of "guilty plea","guilty punishment" and "Leniency",this paper discusses the theoretical basis behind the leniency system of guilty plea and punishment,and analyzes the value of the leniency system of guilty plea and punishment,so as to fully understand the leniency system of guilty plea and punishment.The second part is the dilemma and causes of the leniency system of confession and punishment.By analyzing the problems in the actual operation of the leniency system,this paper summarizes the main manifestations of the dilemma of the leniency system: including the imperfect voluntary review mechanism of confession and punishment,the limitations of prosecution and defense consultation,the relative weakening of the trial function,the insufficient protection of the human rights interests of the victims,and the failure of the lawyers on duty to achieve actual results.By analyzing the dilemma of the leniency system of confession and punishment,this paper explores the reasons behind the dilemma,so as to provide theoretical support for the following improvement suggestions.The third part is the suggestions to improve the leniency system of guilty plea and punishment.On the basis of the application dilemma mentioned above,combined with the theoretical research results at this stage,this paper puts forward targeted optimization suggestions to promote the improvement of the leniency system of confession and punishment,in order to better serve the judicial reform and the construction of legal society.