A Study On The Leniency System Of Guilty Plea And Punishment In Felony Cases

In the new criminal procedure law,the system of leniency in pleading guilty and punishment is written into the law,which is not only a complicated and simple procedure,but also a legal leniency.It is in line with the criminal policy of temper justice with mercy,can optimize the allocation of judicial resources,and is in line with the value pursuit of punishment and enlightenment.This paper analyzes the connotation of the basic elements of confession and punishment,and analyzes the characteristics and significance of the leniency system of confession and punishment in felony cases.Then,through the investigation of similar systems in the United States and Britain,we find out the application of felony cases in similar systems abroad,analyze the similarities and differences based on the investigation,and summarize the advanced experience and Enlightenment worthy of thinking.Based on the investigation of the similar system applied to felony abroad,this paper investigates the current legislative situation of our country by consulting the relevant laws and regulations;In order to obtain the relevant data and characteristics of the current situation,the limited scope of case retrieval and analysis is carried out through the China judicial document network.Based on the above investigation and analysis,it is found that there are some problems in the application of leniency system in felony cases,including:first,the problems in the negotiation of felony cases,such as the unequal status of the prosecution and the defense,the breach of agreement in negotiation,the deficiency of listening negotiation,etc;Secondly,the level of accuracy of sentencing suggestions of procuratorial organs needs to be improved;Thirdly,there are some problems such as the simplification of the procedure of pleading guilty and punishment in felony cases is not obvious.In view of the above problems,this paper attempts to explore the corresponding measures,including:first,improving the duty lawyer system matching with the leniency system of guilty plea,strengthening the consultation between the prosecution and the defense,and respecting the consensus of consultation;Secondly,we should improve the unreasonable and non-standard sentencing suggestions to enhance the sentencing ability of procuratorial organs and the accuracy of sentencing suggestions;Thirdly,we should explore the simplification of procedures for handling felony cases and procedures based on substantive trial,so as to highlight fairness and justice and improve judicial efficiency.