Study On The Evidence Disclosure Problem In The Pleading Guilty And Accepting Punishment With Leniency Case

On October 11,2019,the two high schools issued the Guidance on the Application of the Confession and Punishment System,article 29 of which states: "The People’s Procuratorate may,in view of the specific circumstances of the case,explore the system of evidence disclosure,and safeguard the criminal suspect’s right to know and the authenticity and voluntary nature of the guilty plea and punishment." Thus,the system of opening criminal evidence has been given new meaning from the perspective of the leniency system.The evidence opening in the case of confession and punishment further limits the evidence opening to the independent,one-way and competence evidence made by the procuratorial organ to the accused in the examination and prosecution stage,which is a separate procedure which is different from the broad understanding of the right to read the papers,the right to meet,etc.,and shows the characteristics of opening procedure independence,single degree of openness,and procedural initiation authority.Although there are objective facts of criminal evidence disclosure in our country,there is no separate system of evidence disclosure,which is found in the Criminal Procedure Law and its related judicial interpretation of the relevant provisions on the right to read the papers,the right to meet,the pre-trial meeting and the evidence of evidence,can be regarded as a broad sense of the procuratorial organs for the prosecution of the evidence of the prosecution party,criminal evidence open "has a real name." In the earlier judicial practice,the exploration of the evidence opening system mainly concentrated on the court trial stage,and formed three modes of exploration,such as "Shouguang mode","Haidian mode" and "pre-trial meeting" mode.However,the current evidence opening can not meet the needs of judicial practice,there are prosecution as the object of the legal subject status is not clear,the respondent’s right to know is subject to the uncertainty of the scope of the opening,the comprehensive evidence stage lags behind the time node of the prosecution and defense negotiations,the prosecution of the adverse consequences of the lack of relief measures and other applicable difficulties.In this regard,in view of the current evidence of the application of the dilemma,it is necessary to base on China’s existing judicial system,combined with the guilty plea and punishment from the leniency system of the prosecution and prosecution consultation of the objective fact,on this basis to try the system design,from the evidence of the subject,scope,procedure,security and so on,in order to improve China’s criminal procedure system and the smooth implementation of the guilty plea and punishment from the system to provide a useful reference.