An Empirical Study On The Leniency Of Sentencing In The Case Of Plead Guilt And Accept Punishment

The Pleading guilty and Accepting punishment originated from the criminal policy of combining leniency with severity in our country and the idea of leniency in punishment,it has the dual nature of procedural law and substantive law,it can not only realize the diversion of procedural complexity and simplicity,help to improve the efficiency of criminal justice,but also materially fulfill the promise of leniency.The Pleading guilty and Accepting punishment and the traditional leniency circumstances are intertwined,but it has independent characteristics.It is the independent sentencing circumstances established in the “Criminal Procedure Law”.In the sample of 1443 intentional injury cases,22 circumstances of sentencing were taken as independent variables,and the duration of sentence was taken as dependent variables,a multiple linear regression model was set up by SPSS software to observe the influence of each sentencing circumstance on the sentencing result,and it was found that the plead guilty and accept punishment had no significant influence on the sentencing result of intentional injury cases,understanding,positive compensation and surrender are the three preventive circumstances that have the greatest impact on sentencing of intentional injury cases.The results of the group test are in good agreement with those of the linear regression model.In the analysis of typical cases,"Maximum" Pleading guilty and Accepting punishment cases can generally reflect leniency,some cases of sentencing presents an "Expanded leniency" pattern.There are differences in sentencing in The Pleading guilty and Accepting punishment cases of “Minimum”,and the sentencing of some cases shows the pattern of “Restriction and reduction of leniency”.The existing judicial guiding documents do not clearly define the basic attributes of plead guilty and accept punishment,nor do they clarify the relationship between guilty plea and the traditional circumstances of leniency,and the space of the effect of leniency of The Pleading guilty and Accepting punishment is compressed by the traditional circumstances of sentencing,substantive law is needed to systematize the design of this,the leniency effect of the sentencing proposal has not reached the expectation,and the sentencing result of the case is not balanced,it is necessary to further standardize the understanding of guilty plea and the generation of sentencing recommendations on the premise of enlarging the leniency range of misdemeanour cases,and ensure the effectiveness of the system of plead guilty and accept punishment in fulfilling the leniency promise.