On The Application Of The Leniency System For Admitting Guilt And Accepting Punishment In The Investigation Stage

Each stage of the criminal procedure is very important.The investigation stage is the beginning of the criminal procedure,and whether the leniency system can be applied at this stage has always been controversial in the academic circles.The application of this system in the criminal procedure is conducive to the diversion of complicated cases,saving judicial resources,and repairing social relations.Every link in the criminal procedure is very important.The investigation stage is the beginning of the criminal procedure.At this stage,whether the leniency system can be applied has aroused widespread discussion in the academic circles.The academic circle always attaches importance to the fairness of the results of the trial stage,but lacks the attention of the pre-trial stage,mainly due to the particularity of the functions of the pre-trial stage and the imperfect implementation rules.In November 2018,the Standing Committee of the National People's Congress passed a bill to amend the Criminal Procedure Law,making the system of plea guilty and punishing leniency as a formal legal principle.The most prominent problem in the criminal field of our country is "too many cases and few people",the number of judicial personnel is seriously insufficient,and criminal litigation resources urgently need to be rationally allocated.In October 2019,the "Guiding Opinions on the Application of the Leniency System for Plea and Punishment of Guilty and Punishment" by the two high-level departments and three ministries clarified that the system can run through the entire criminal procedure.However,there are a lot of controversies in the academic circles about the application of this system in the investigation stage,mainly from the simultaneous questioning of the functional objectives of the investigation and the confession of guilt and punishment.They believe that the application of this system is not conducive to the active development of investigation work and the realization of judicial justice.The origin of the leniency system of confession and punishment has historical factors,and it has achieved obvious results after pilot reforms.Through the comparison of foreign studies,it is concluded that the particularity of the leniency system in my country is in line with the requirements of my country's national conditions.Proceeding from the special nature of case handling in the investigative stage,it demonstrates the importance of motivating criminals to confess guilt and punished at this stage.Then it explores the dilemma in the application of the system at this stage,and demonstrates the problems in it through the subject analysis method and gives targeted suggestions,so that the system of plea guilty and punished leniency can exert its maximum system value in the investigation stage.The main subjects involved in the investigation stage are the investigative agency,criminal suspects,victims and defense lawyers.The application of the system of confessing guilt and punishing leniency has an impact on the development of investigation work,the confession of criminal suspects,the appeals of victims,and the defense of lawyers.First of all,the investigative agency is the main body of the investigation stage,and its own case handling quality determines the quality and quantity of the investigation work and the normal development of the subsequent litigation stage.This system will lead to changes in the work of the investigative agency.The application of confession and punishment makes the handling of the case.The time limit has been drastically shortened,which puts a test on the investigation work;Secondly,the application of the leniency system of confessing guilt and punishing confession pays attention to the voluntariness and authenticity of criminal suspects confessing guilt and punishing,how to ensure their voluntariness of confessing guilt and punishing is the issue that should be paid attention to at this stage;Third,criminal suspects will be treated with lenient treatment due to the application of confession of guilt and punishment,which conflicts with the victim's expectation of criminal suspects to receive heavier punishment.We must pay attention to the reasonable demands of the victim and his litigation agent to avoid more conflicts between the victim and the criminal suspect and the public prosecution agency.Finally,lawyers are fighting for minor or innocent defenses from the suspect's standpoint.Attorneys are divided into duty lawyers and defense lawyers.They attach importance to the legal services provided by duty lawyers to criminal suspects and the rights of defense lawyers at this stage.Exercising can greatly promote the application of the leniency system at this stage.Applying the leniency system for confessing guilt and punishing at the investigation stage must improve the efficiency of litigation and optimize the allocation of resources on the basis of adhering to judicial justice,so that the guilty can receive the penalty and the innocent can be free from criminal prosecution.