Research On Leniency Of Confession And Punishment In Juvenile Criminal Cases

Under the guidance of the judicial policy of tempering justice with mercy and the concept of Consultative justice,it has far-reaching significance.On the one hand,we can achieve the comprehensive coverage of the scope of applicable cases and the applicable subjects.On the other hand,it can also educate and influence juvenile suspects and defendants to help them repent and turn over a new leaf as soon as possible and return to normal society,and at the same time,it can safeguard the rights and interests of victims in the process of confession and punishment to the greatest extent.The first part of the article discusses the particularity of the procedure of confession and punishment in juvenile criminal cases.The first is the educational nature of the process of confession and punishment,including the educational nature of the interrogation process,the trial process and the penalty execution process.Secondly,it is the particularity of leniency in the process of confession,including the elimination of penalty and the leniency of penalty.Thirdly,when the legal representative is unable to be present in the process of confession and punishment,other suitable adults shall assume the obligation to be present.Finally,the speed of trial is not pursued in the process of confession and punishment,so the procedure of quick adjudication is not applicable.The second part of the article analyzes the current situation of the application of confession and punishment procedure in juvenile criminal cases.Firstly,there is a lack of voluntariness in the confession and punishment of some minors.The reasons for this situation include the cognitive and psychological difficulties of minors themselves,the cognitive bias of interrogation organs towards minors,the low popularity of legal aid defense lawyers and the worrying quality of defense,and the improper exercise of agency by other suitable adults.Secondly,the "enient" path of juvenile confession and punishment is limited.Including such problems as the single way of leniency,the confusion of the range,and the excessive influence of the victim’s understanding.Finally,the sentencing negotiation of juvenile confession and punishment may lead to the lack of victims’ rights and interests.The third part of the article is the perfection of the procedure of confession and punishment in juvenile criminal cases.First of all,by attaching importance to the characteristics of juvenile offenders,involving legal aid lawyers in the whole process,improving the quality of defense,and examining the voluntariness of juvenile confession and punishment by courts,we should focus on ensuring the voluntariness of juvenile confession and punishment.Secondly,In order to avoid "sentencing scissors hands",we should improve the path of "leniency" of juvenile confession and punishment by broadening the way of leniency,standardizing the range of sentencing,appropriately restricting the victim’s understanding and giving full play to the leading role of procuratorial organs in sentencing.Finally,Through the protection of the victim’s right to know,the right to express opinions,the right to obtain legal assistance and the improvement of relief methods,the victim’s rights and interests can be avoided.