Research On The System Of Leniency For Confession And Acceptance Of Guilt In Corporate Crime

Since the 18 th National Congress of the Communist Party of China,with the continuous advancement of the process of governing the country according to law,great progress has been made in the legislative and judicial contingent,the people’s concept of rule of law,and the social rule of law environment.However,the contradiction of a small number of cases has become increasingly prominent,and in order to comply with the development of the criminal policy of combining leniency and strictness,China formally established a lenient system for guilty pleas and punishments in 2018.In 2019,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of State Security and the Ministry of Justice jointly issued the Guiding Opinions on the Application of the Leniency System for Pleas of Guilt,which made clear and specific provisions on the basic principles of the plea system and the protection of the rights and interests of parties.Since the implementation of judicial practice,the leniency system has been gradually improved,and many achievements have been achieved since its application,and the admission of guilt and punishment for crimes by units conforms to the inevitable requirements of the development of modern criminal law,improves the prosecution effect of crimes in units,and creates a fair,just,harmonious and stable social environment.However,there are still some deficiencies in the theory and punishment methods of unit crime in China,which are difficult to deal with the criminal tendency of modern unit crime complexity under the form of economic globalization,and there are still some deficiencies in the application of lenient system for unit crimes,and how to repair the damaged legal interests after the fact.This paper discusses the current situation,existing problems,introduction of the concept of legal benefit restoration and improvement path of the unit crime plea leniency system through literature research method,comparative research method and case study method.This paper consists of four chapters,the first of which is a study on the current situation of the leniency system for unit crimes.Firstly,the sources of the leniency system for guilty pleas and punishments,the legislation,judiciary and characteristics of the lenient system for crimes in units are analyzed,and the basic status quo of the application of plea and punishment by units is sorted out by means of pictures and cases,so as to clarify the context of this paper.Through the study of the value of applying the leniency system to the crime of units,the significant significance of this system to units,society and the construction of the rule of law is pointed out.The second chapter analyzes the shortcomings of this system,such as the lack of legislative norms,the blurred boundaries of judicial application,and the single punishment model,and considers the reasons for the problems,so as to open up ideas for the better development of this system.The third chapter is the restoration of the legal benefits of the lenient system of confession and punishment for unit crimes,and points out why the lenient system of plea and punishment can be applied to unit crimes through the introduction of the concept of legal and beneficial restoration,and how to make up for the damage and interests of the unit after admitting guilt and accepting punishment.The fourth chapter is to improve this system,first,to confirm the qualification of the unit as a subject of litigation in legislation to make up for the lack of legislative norms;The second is to integrate the conditional non-prosecution system into it,and urge the units involved in the crime to carry out rectification in a timely manner by applying conditional non-prosecution to the units involved in the crime;Third,it is connected with the criminal compliance plan,and the crime risk is avoided by carrying out compliance construction within the unit,which is more conducive to the long-term healthy operation of the unit while preventing the occurrence of crime;Fourth,to incorporate non-criminal punishment measures,in addition to fines,other kinds of punishments suitable for the punishment of unit crimes,such as qualification sentences,service sentences,etc.,and strengthen the supervision and evaluation of the entire process of the lenient system for unit crimes and admit guilt and punishment,and explore the path for the development and improvement of the system of leniency in admitting guilt and accepting punishment for unit crimes.