| The leniency system of pleading guilty and punishment was born under the background of China's judicial reform,which is highly in line with the needs of the steady operation of China's criminal judicial reform.Its purpose is to promote the diversion of cases and optimize the allocation of judicial resources.at the same time,practice the criminal policy of combining justice with leniency."Leniency" is the natural effect after pleading guilty and punishing.On the one hand,it is consistent with the principle of adaptation to crime,responsibility and punishment,on the other hand,it can promote criminal suspects and defendants to plead guilty as soon as possible,and improve the application rate and judicial efficiency of pleading guilty.Based on the empirical analysis,this paper examines the practical dilemma of the current leniency system of pleading guilty and punishment in China,and makes clear the optimization direction and specific measures of the system from three angles:leniency of procedure,leniency of entity and supporting mechanism.The full text is divided into five parts:The first part is an overview of the leniency system of pleading guilty.This paper makes a concrete exposition on the basic concepts of the full text from three aspects: the basic connotation of the leniency system of pleading guilty and punishment,the basic connotation of "leniency" and the legitimate basis of "leniency",so as to provide a basis for the following analysis of the existing problems.The second part is the empirical analysis of 210 cases of pleading guilty to punishment.This paper statistics and collates the data of 210 judgments,and combined with the information obtained from the procuratorate and the court,investigates and analyzes the situation of pleading guilty and punishing cases in L city of Z province at the "lenient" level.The empirical results show that the "leniency" defects of the guilty plea cases in L City are mainly manifested in the low efficiency before trial and the low proportion of the application of quick adjudication procedure in the broad aspect of the procedure;in the entity level,it is shown as the single lenient way,the absence of fine penalty,and the unclear range of leniency;at the level of supporting mechanism,the defense rate is low,the subsidy of legal aid funds is insufficient,and so on.The third part is about the realistic dilemma of "leniency" in the case of pleading guilty to punishment.Through a small part to see the whole,on the basis of the results of empirical analysis,combined with the common problems of each region,it is concluded that there are problems of "summary not simple" and "quick judgment not fast" and the extensive use of custodial coercive measures in pleading guilty cases from a broad level of procedure,which is not conducive to the implementation of the "lenient and simple procedure" of pleading guilty and punishing cases.At the broad level of the entity,the problems such as the lack of uniform sentencing standards,the lack of leniency and single mode,and the limited application of "mitigated punishment" reflect the current situation of non-uniform sentencing standards,which can easily lead to insufficient leniency,inappropriate leniency and different sentences in the same case after pleading guilty.At the level of supporting mechanisms,the low rate of criminal defense,the imperfect system of duty lawyers and the narrow scope of legal aid defense make it difficult for criminal suspects and defendants in pleading guilty and punishment cases to get adequate and effective legal help.The fourth part is the extraterritorial investigation of the problem of leniency in pleading guilty.This part introduces the "lenient" measures stipulated by the American plea bargaining system,the British plea bargaining system and the German criminal negotiation system.The three aspects should be used for reference by our country,such as the diversion of complexity and simplicity before the trial,simplifying the court procedure,ensuring the defendant to get preferential sentencing,ensuring the fairness of sentencing,ensuring the defendant's access to legal help and so on.The fifth part,the path to improve the "leniency" system of pleading guilty and punishing cases.Based on the problems summarized in the previous article,and combined with the useful experience provided by foreign countries,this paper puts forward the path of "leniency" to the case of pleading guilty and punishment from the three aspects of procedure,entity and supporting mechanism.Promote the simplification of the whole process of criminal proceedings,break the situation that "simplification" is only concentrated in the trial stage;standardize the application of compulsory measures,prudently apply arrest measures,innovate the applicable ways of obtaining bail pending trial,and gradually promote the standardization of sentencing to ensure the fairness and rationality of the leniency of the principal penalty,additional punishment and penalty execution in the case of pleading guilty.Adjust the defense concept of lawyers,expand the scope of legal aid,improve the relevant regulations of duty lawyers,and gradually achieve full coverage of lawyer help. |
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