Problems And Countermeasures Of Leniency System Of Guilty Plea For Juvenile Crime

The leniency system of admission of guilt is consistent with the concept of restorative justice,which is also the embodiment of China’s criminal policy of tempering punishment with mercy.Since the system was piloted in 2016 and officially established in 2018,there are no restrictions on the subject of application.Therefore,as a special subject of crime,minors prosecuted are certainly within the scope of application of the system.At present,the necessity and feasibility of leniency system of guilty plea for juvenile crime have reached a positive consensus in both theoretical and practical circles.Greater applicable to underage accused man pleaded guilty to forfeit their system not only suit the concept of juvenile justice,but also conform to the related crime minors criminal special place in principle,can ease the minor state of the rivalry between the accused and the victim,repair the damaged social relations,and is conducive to protect the legitimate rights and interests of young people being prosecuted,Help the minor prosecuted to return to society smoothly.Based on the current situation of applying the guilty plea system to juvenile delinquency in China,this paper carries out an empirical study with the samples of relevant judgment documents,and finds some problems exposed in practice.For example,the procedure applied to the trial is relatively chaotic,the accuracy of sentencing advice is insufficient,the victim’s understanding has a great impact on sentencing,the legal help obtained by the minor accused is not high and the application rate of probation is low.Further analysis of the causes of these problems.The findings are mainly reflected in the following four aspects: the imperfect provisions of the case trial procedure,the imperfect consultation mechanism of sentencing,the inadequate protection of the right to obtain legal help for the minor accused and the imperfect application system of probation for the minor accused.Based on this,the paper considers and summarizes the practical situation on the basis of the existing theoretical research results.From the case trial to expand the scope of application of summary procedure,improve the consultation mechanism of sentencing,strengthen the protection of the right to legal help for juvenile suspects and improve the juvenile prosecuted probation system four parties to the minor crime to apply the leniency system of guilty plea put forward targeted countermeasures to improve.