Study On Leniency System Of Guilty Plea ——A Survey Of Felony Cases

The leniency system of guilty plea was piloted in 2016 and was incorporated into the Criminal Procedure Law in 2018.Subsequently,the Supreme People’s Court,the Supreme People’s Procuratorate and other judicial departments independently or jointly issued judicial interpretations concerning the leniency system of guilty plea.The criminal Procedure Law and related judicial interpretation form the leniency system of guilty plea with Chinese characteristics.After several years of judicial practice,the system has gradually become the basic system of criminal litigation in China.However,in judicial practice,the leniency system of guilty plea presents many problems in the application process of felony cases,which hinders the further development of the system.This paper intends to discuss the leniency system of guilty plea from the perspective of empirical research.Taking the representative guilty plea cases within the jurisdiction of L City Intermediate People’s Court as the scope,and taking felony cases as an example,it discusses the current leniency system of guilty plea in China.The first chapter is the theoretical analysis of the system of guilty plea and punishment leniency.First,this paper discusses the basic meaning of the keywords "guilty plea","punishment" and "leniency" from the perspective of legal text.Secondly,the system of leniency of guilty plea is placed in the value of criminal procedure.From the basic function of the system,it carries the two values of improving the efficiency of lawsuit and cooperating in judicatory.Chapter two: The empirical analysis of the leniency system of guilty plea in felony cases.First,the reasons for choosing L city and taking felony cases as examples to do empirical research are explained.Secondly,the basic picture of guilty plea in felony cases is displayed by making tables and sample charts of sample data,in order to summarize the deep characteristics and problems reflected in the basic picture.Chapter three:Problems existing in the leniency system of guilty plea in felony cases.The empirical analysis of guilty plea in felony cases is in sharp contrast with the leniency system of guilty plea in the sense of necessity described in chapter one,which reflects many problems.This chapter demonstrates the existing problems from the defects of system design itself and the dilemma of judicial practice,aiming to respond to and demonstrate the problems reflected in the practice of the second chapter.Chapter four:The path to improve the leniency system of guilty plea in felony cases.According to the analysis and argumentation of the problems in Chapter three,this chapter puts forward targeted suggestions from two aspects of system design and supporting measures,in order to provide help for the further development of the leniency system of guilty plea.It includes: unify the standard of felony case,perfect the supply of sentencing suggestion system,perfect the existing program design,fully guarantee the voluntary of guilty plea of the accused and reduce the negative influence of internal and external restricting factors.To sum up,this paper takes the typical L city intermediate people’s court of jurisdiction pleaded guilty to a felony case forfeit their applicable conditions as the breakthrough point,greater China now confessed forfeit their system in the system function,operation of internal defects,and improving suggestions in view of the defects,in order to enhance greater confessed forfeit their system in the position in criminal proceedings and suitable quality.