On October 26,2018,after theoretical research and two years of practical exploration in 18 pilot cities,China officially established the leniency system of guilty plea in legislation by amending the current criminal Procedure Law.The widespread application of leniency procedure of guilty plea in criminal cases is conducive to more accurate and timely punishment of crimes,and achieves the effect of rational allocation of judicial resources and improvement of the quality and efficiency of handling criminal cases.It also has a significant and direct impact on the work of judicial organs,especially for the procuratorial organs.On April 17,2019,procurator-General Zhang Jun pointed out the need to fully implement the system of leniency for guilty plea and give full play to the leading role of procuratorial organs at a special seminar for leading political and legal officials.On May 13,2019,Procuratorial Daily published an article titled "The Position and Role of procuratorial organs in the System of Leniency for guilty admission",which clearly put forward the view that procuratorial organs should play a leading role in the system of leniency for guilty admission.The leniency system of guilty plea is a new system in our country.The procuratorial organ plays a leading role in the comprehensive implementation of the leniency system of guilty plea,which undoubtedly puts forward more challenges and higher requirements to promote the innovation and development of criminal procuratorial work in the new era.At the beginning of the leniency of guilty plea,the following problems emerged:In terms of the scope of application,it was limited to criminal cases with short and simple sentences,and mainly concentrated on a few common crimes such as dangerous driving and theft;In the determination of sentencing recommendations and sentencing consultation,China is still lack of systematic and accurate sentencing guidelines,has not established a scientific and reasonable sentencing consultation mechanism,some prosecutors lack of accurate sentencing experience and ability;In terms of the protection of the system of leniency for guilty plea,it is difficult to guarantee effective defense and legal help,and the protection of the rights and interests of the accused is not comprehensive;In terms of the application effect,the situation of going back on the word after the signing of the letter of admission and punishment often occurs,the appeal rate is still high,the revision rate of the second instance is slightly higher,and the appeal effect of the procuratorial organ is not obvious.It is urgent to establish a sound mechanism and take effective measures to solve the above practical problems in the work of admission of guilt and punishment.The procuratorial staff also need to better deal with the challenges brought by the leniency system of admission of guilt and punishment to procuratorial work with higher professional quality and practical ability,so that the system can better serve the needs of judicial practice.This paper will start from the judicial practice of the application of leniency system of guilty plea for more than three years in China,through comparative analysis of the data of guilty plea for punishment published by the Supreme People’s Procuratorate in the past three years,aiming at the problems found in the application process of this system,and by comparing the methods of relevant systems abroad,put forward some suggestions for improvement.The author thinks that in broadening the scope of application of the system,we should break through the limits of applicable crime and sentence severity;In the aspect of sentencing,judicial organs should strengthen coordination and cooperation,further improve sentencing guidelines,establish sentencing adjustment procedures,establish sentencing consultation standard mechanism;In the aspect of system guarantee,we should strengthen the voluntary examination of trial,perfect the conversion mechanism of applicable procedures,and explore the feasibility of transforming on-duty lawyers into legal aid lawyers.Finally,in order to better realize the effect of system application,supervision mechanism should be perfected to prevent abuse of power and judicial corruption. |