On The Evidence Discovery Under The Lenient System Of Guilty Plea

The Guidelines on applying the leniency system of guilty plea have made specific regulations on the implementation of the leniency system of guilty plea,marking that the leniency system of guilty plea has stepped on a new stage of standardized development.Article 29 of the guidelines has put forward the requirement of exploring the evidence discovery system,which has been taken as a supporting measure to standardize and improve the leniency system of guilty plea It is noteworthy that there is already a review system similar to evidence discovery system in our country criminal procedure law,so why does the guidance propose to explore the evidence discovery system? How should we construct a feasible system of evidence discovery? This article mainly aims at these questions,in order to make a thorough study under the leniency system of guilty plea and the evidence discovery system,and provide a desirable idea for the construction of our criminal evidence discovery system.Besides the introduction and conclusion,the full text is divided into the following parts:The first part is an overview of evidence discovery system.In this part,theories related to evidence discovery are sorted out to provide a theoretical basis for subsequent studies.First,the concept,background and classification of evidence discovery are introduced Thirdly,introduce the related legislation of criminal evidence discovery in our country and make a comment and analysis.Finally,based on the foregoing content,explain the new connotation of evidence discovery in the system of leniency for guilty plea,providing some enlightenment for the construction of the evidence discovery system.The second part studies the value of leniency system of evidence discovery to guilty plea from the instrumental value and intrinsic value of evidence discovery to discuss the value of leniency system of evidence discovery to guilty plea,and compares the two values.This paper holds that the intrinsic value of evidence discovery is higher than the instrumental value The solution of this problem not only helps to answer the question of the necessity of implementing evidence discovery,but also provides correct value guidance for the establishment of evidence discovery system.The third part is the extraterritorial investigation of the evidence discovery system in guilty plea cases.This paper selects Britain,the United States,New York State and Germany as the research objects,makes a detailed introduction to the legislative models in their respective fields,and finally makes a summary to extract the useful experience and enlightenment for the construction of the evidence discovery system in China.The fifth part discusses how to construct the evidence discovery system under the leniency system of guilty plea.Combining the previous research contents and achievements,this chapter puts forward the system path of constructing evidence discovery,and puts forward suggestions on the subject range of evidence discovery,specific procedural safeguard measures and other aspects.