Study On The Application Of "Plead Guilty And Accept Punishment" And The Existing Sentencing Circumstances

There are two reasons for the courts’ frequent ambiguous expression of the plead guilty and accept punishment in their decisional reason.One is that the independent status of sentencing circumstance is not clear,and the other is that the application of the plea guilty and accept punishment and existing sentencing circumstances is vague.In order to clarify the application of the plead guilty and accept punishment and existing sentencing circumstances must be the first to prove the independence of the sentencing circumstances of the plead guilty and accept punishment.On the one hand,both the criminal procedure law and the criminal law provide the legal basis for proving the independence.On the other hand,the special value of it also proves the independence.The "saving of judicial resources" and the "waiver of rights" both reflect the unique value.The plead guilty and accept punishment is an independent sentencing circumstance.But because it is a compound sentencing circumstance containing multiple elements,it must be recognized that there is a connection between it and the existing sentencing circumstances.We need to avoid repeated evaluation when applied them at the same time.Plead guilty and accept punishment is logically the same as the return of illegal gains and compensations.And the active return within the scope of ability is a prerequisite for plead guilty and accept punishment.It should also avoid mechanical superimposition with criminal reconciliation and compensation and understanding.It is worth noting that the mitigating role of criminal reconciliation and compensation understanding should be highlighted.Plead guilty and accept punishment and existing sentencing circumstances in the composition of the elements or combination of factors in the mitigating effect should not be repeated evaluation.In the application of the plead guilty an accept punishment and the existing sentencing circumstances,should be based on the plead guilty,and then increase a certain plea of accepting punishment,in order to achieve the whole.The "difference-in-difference method" conforms to judicial logic and provides a clear and intuitive representation of "non-repeated evaluation".The leniency of "accept punishment" can absorb the leniency of returning of illegal gains.And the return of illegal gains will not be repeatedly evaluated.The high requirement of "guilty plea" in plead guilty and accept punishment can absorb the low requirement of guilty plea in criminal reconciliation and compensation and understanding.