Research On The Judicial Leading Role And Limitation In The Cases Of Leniency Of Confession And Punishment

With the promotion and implementation of the system of leniency on admission of guilty and acceptance of punishment,The powers of the procuratorial organs have been expanded.The role of the procuratorial organ in the case of guilty plea impinges on the leading role of the judge in the trial of the case.It is easy to lead to the conflict between the power of public prosecution and the power of trial.This paper discusses the leading role of the judge and the limitation of his power in the case of guilty plea.The specific content is as follows:The first part puts forward the main viewpoints: the leading power of the case of guilty plea is in the hands of the judge,because the role of the procuratorial organ is mainly shown in the pre-trial link,and it is difficult to go beyond the position of the prosecution and the imbalance of its own power and responsibility in practice.It is said that the leading role of the procuratorial organ in the case is slightly limited.The second part clarifies the main reasons for restricting the exercise of powers by judges.Regulating the reasonable exercise of judges’ judicial power is the actual need for procuratorial organs to perform supervision and the prosecutor’s exercise of the right of appeal.It has a clear legal basis,and it also helps to achieve a balance between the power constraints and freedom of the judiciary,and to ensure judicial justice and authority.The third part sorts out the specific problems of the leading power of judges in the current cases of confession and punishment.At present,some courts have the misunderstanding that they blindly simplify the trial procedures in order to improve the efficiency of litigation,which will weaken the review of the voluntariness of confessing guilt and punishing,and the litigation procedures are out of standard,and corresponding countermeasures will be put forward to address these problems.The fourth part puts forward the specific path to restrict the judge’s leading power in the case of confession and punishment.From the perspective of different subjects,standardize the procedures and content of judges in court trials,improve the sentencing recommendations of the procuratorial organ,and give the defendant the right of procedural control to restrict the legitimate exercise of the judge’s leading power.