Research On The Influence Of Confession And Punishment On Relative Non Prosecution

The leniency system of confession and punishment is a realistic choice made by the state to promote the diversion of complex and simple criminal cases and improve judicial efficiency.It is the implementation of the criminal policy of tempering justice with mercy and is of great value to the modernization of misdemeanor governance.As the basic system stipulated in the criminal procedure law,the basic content of relative non prosecution is to deal with the behavior that the crime is minor and does not need to be sentenced or exempted from punishment according to the provisions of the criminal law.It is an important means to promote the diversion of complex and simple criminal cases and optimize the governance of misdemeanors.Both of them are consistent in the purpose of the system.The perpetrator’s confession and punishment can represent his personal danger and subjective malignant reduction to a certain extent,and can be used as the basis for the application of relative non prosecution.Therefore,taking the leniency system of confession and punishment as an opportunity to expand the scope of application of relative non prosecution and further optimize the current path of misdemeanor governance is legitimate and feasible.However,the reality is that whether before or after the implementation of the leniency system of confession and punishment,the application rate of relative non prosecution in judicial practice is not high and the scope of application is very limited.Its advantages in the governance of misdemeanors have not been brought into full play under the background of the leniency system of confession and punishment.Therefore,it is necessary to analyze the current situation of the impact of "guilty plea and punishment" on relative non prosecution,reveal the practical elements affecting the application of relative non prosecution,clear the obstacles to system integration,provide a theoretical and institutional basis for the impact of "guilty plea and punishment" on relative non prosecution,and finally take the leniency system of guilty plea and punishment as an opportunity to expand the judicial application of relative non prosecution.This paper consists of four parts.The first part analyzes the basis of the impact of "guilty plea and punishment" on relative non prosecution.The basis for the influence of "guilty plea and punishment" on relative non prosecution includes two aspects: practical basis and theoretical basis.The sharp rise in the total number of criminal cases and the large proportion of misdemeanor cases in the total number of crimes make it necessary to divert the complexity and simplicity of criminal justice,which is also the most important practical basis for the impact of "guilty plea and punishment" on relative non prosecution.At present,the implementation of the criminal policy of tempering justice with mercy and taking the leniency system of guilty plea and punishment as an opportunity to promote the application of relative non prosecution is the implementation of the criminal policy of tempering justice with mercy.The reduction of personal danger and subjective malignancy shown by "guilty plea and punishment" and the attention paid to personal danger and subjective malignancy in the application of relative non prosecution have become the theoretical basis of influence.The second part analyzes the current situation of relative non prosecution affected by "guilty plea and punishment".After collecting and sorting the procuratorial documents of relative non prosecution and prosecution of intentional injury cases before and after the full implementation of the leniency system of confession and punishment,two groups of analysis samples were formed,with a total number of 2000.Using SPSS analysis tool,this paper first makes an empirical analysis on the 12 circumstances and their respective influence before the full implementation of the leniency system of confession and punishment;Secondly,after the full implementation of the leniency system of guilty plea and punishment,it makes an empirical analysis on the 12 circumstances and their respective influence,including the influence of "guilty plea and punishment" on the application of relative non prosecution;Finally,through comparison,it is found that the positive impact of "guilty plea and punishment" on the application of relative non prosecution is not significant,and the impact of each circumstance on the application of relative non prosecution has not changed significantly after the implementation of the leniency system of guilty plea and punishment.The third part analyzes the reasons why "guilty plea and punishment" affects the current situation of relative non prosecution."Guilty plea and punishment" has the realistic and theoretical basis to affect the relative non prosecution,but the result of empirical analysis is that the impact is not significant,and there are reasons for both sides of the system.First of all,the leniency system of guilty plea and punishment is not fully compatible with the relative non prosecution system."Guilty plea and punishment" has not yet become the substantive basis affecting the relative non prosecution at the level of legal provisions,and there is a lack of hierarchy within the leniency system of guilty plea and punishment,resulting in the relative non prosecution of "guilty plea and punishment" and the suspicion of being too lenient.Secondly,the vague provisions on the applicable conditions of relative non prosecution also limits the space for the influence of "guilty plea and punishment" on relative non prosecution,and the complexity of the influencing factors of the application of relative non prosecution in practice further aggravates the difficulty of the influence of "guilty plea and punishment" on relative non prosecution.The fourth part discusses the ways to expand the application of relative non prosecution by taking the leniency system of confession and punishment as an opportunity.Firstly,we must promote the integration of systems,clarify the substantive impact of "confession and punishment" on the application of relative non prosecution,establish the conditional non prosecution mechanism of confession and punishment,and improve the internal level of the leniency system of confession and punishment;Secondly,we should clarify the specific elements of relative non prosecution under the premise of guilty plea and punishment,and refine the indicators from three aspects: the circumstances reflecting personal danger,the circumstances reflecting the harmfulness of behavior,and the facts related to repairing social damage;Thirdly,we should simplify the examination and approval procedure of relative non prosecution,and orderly promote the simplification of the examination and approval procedure of relative non prosecution on the basis of hierarchical classification of criminal cases.Finally,we should improve the working mechanism of administrative law enforcement instead of prosecution,and get rid of the embarrassing situation of "letting go" of relative non prosecution.