Research On The Application Of The Leniency System Of Confession And Punishment In Felony Cases

The application of the Leniency System of Confession and Punishment in China’s criminal proceedings is gradually on the right track,however,the relevant provisions on plea leniency have been adopted since the pilot reform of the system in China,failing to fully understand the characteristics of felony cases in plea leniency and failing to make a distinction between the application of felony and misdemeanor cases.There are different value orientations in the application of misdemeanor cases and felony cases,with felony cases placing more emphasis on the guidance of voluntary and truthful confessions of the defendant and the function of mediation and social harmony to manifest the spirit of judicial tolerance,as opposed to the role of plea leniency in enhancing litigation efficiency and reducing judicial resources,which has been somewhat limited in practice.The contradiction between the expansion of the scope of application of the Leniency System of Confession and Punishment in felony cases and the obvious lack of system supply is increasingly prominent,which also means that it is necessary to focus on the characteristics of felony crimes,conduct in-depth theoretical research,deal with the relationship between the strict crackdown on major crimes and the plea leniency,the relationship between the comprehensive application and the prudent application of major crimes,as well as the relationship between litigation efficiency and litigation effectiveness,in terms of the scope of application,sentencing recommendations,protection of The rights of the pursued person,the protection of the rights of the victim and other aspects should reflect its exclusive characteristics.This article takes the above-mentioned relevant theoretical and judicial practice issues as the entry point,and draws on the achievements of similar systems in foreign countries in relevant legislation and judicial practice,so as to think systematically about the solution of the problem.The general structure of the article is as follows.In the first chapter,a collation and problematic analysis of the law and judicial practice on the application of leniency in felony plea cases.In the first section,the legislation and judicial interpretations on the leniency of felony plea application are organized,and the current situation of the leniency of felony plea application in China is discussed with the relevant statistical data and adjudication cases;in the second section,the obstacles of the current application system are analyzed:the ambiguity of the scope of application,the diversity of attitudes of the prosecuted and the victims,the concerns of the judicial personnel and the inadequacy of the role of lawyers.These problems need to be solved and improved urgently.In the second chapter,the article analyzes the special value of the application of the plea system in felony cases,which shows different values and functions compared with the application in misdemeanor cases.In the first section,the theoretical value of the application of the plea system in felony cases is elaborated: a necessary way to practice the criminal policy of leniency and severity,and a key method to manifest the value orientation;in the second section,the practical value of the application is elaborated: a practical need to promote the quality of case processing and enhance the level of social governance.In the third chapter,the application of the plea bargaining system to felony cases is examined extraterritorially.In the second section,the development of foreign plea bargaining systems for felony cases is examined and analyzed from the perspective of the development of the globalized legal system,and the focus of the application of such systems to felony cases in different legal systems is analyzed.In Chapter IV,suggestions are made to improve the application of the plea-bargaining system to felony cases.Section I grasps the relationship between the strict crackdown on major crimes and plea leniency,the relationship between comprehensive application and prudent application of major crimes,and the relationship between litigation efficiency and litigation effectiveness;Section II clarifies the distinction between misdemeanors and felonies and the limitation of the scope of felony cases to which plea leniency applies;Section III improves the selection of leniency range and the formulation of sentencing recommendations;Section IV proposes measures from the perspectives of the pursued person and the victim.The fourth section proposes measures to safeguard the rights and interests of the prosecuted and the victims.