Research On The Application Of The Leniency System For Confession And Punishment For Unit Crimes

In 2016,with the launch of the pilot document of leniency system in pleading guilty and accepting penalty,the consultative criminal judicial system represented by pleading guilty and accepting penalty took root in China.In 2018,the leniency system in pleading guilty and accepting penalty was formally written into the Criminal Procedure Law.There is no limitation on the application of charges in this system.That means that the leniency system of pleading guilty and accepting penalty can be applied,in theory,to organization crimes.The leniency system also actively applied to organization crimes in our justice system.However,as a new criminal justice system,there are many imperfections in its legal rules,and there are legislative gaps in the criminal procedure of organization crimes.It suggests that many problems which the leniency system was exposed when it applied to organization crimes need to be solved urgently.In this paper,the research subject is leniency system in pleading guilty and accepting penalty for organization crimes.The introduction describes the issues that need to be discussed in this paper,and introduces the background and significance of the topic.Meanwhile,this chapter discusses the existing research results about the leniency system in pleading guilty and accepting penalty for organization crimes and the organization crime procedure.The first chapter discusses the concept and characteristics of organization crimes,the conception and characteristics of leniency system in pleading guilty and accepting penalty,and the change of organization criminal procedure under the background of the lenience system.The second chapter discusses the current legislative situation,judicial situation and dilemma of the application of the lenience system in organization crimes.The third chapter discusses the legitimacy of the lenience system for organization crimes,subject qualification in the lenience system,and organization's participation mode.Besides,this chapter also discusses the opinion about pleading guilty and accepting penalty is how to be expressed by organization and the lenience system is how to be applied to organization crimes in some special cases.The forth chapter discusses the examine methods about the lenience system for organization crimes.The fifth chapter puts forward some suggestions about how to improve the lenience system for organization crimes.