Research On The System Of Pleading Guilty And Accepting Punishment With Leniency:from The Perspective Of Function

Justice is an expression carrier in the process of interaction between the state and society.The judicial system plays an extremely important governance function in social activities."Good governance" is the overall goal of governance.Achieving this goal requires precise designing and efficient systems.China’s social governance system contains an extremely complex system structure and operation process.The System of Pleading Guilty and Accepting Punishment With Leniency creates a link between the state and society.Accurately deconstructing the internal structure of the System of Pleading Guilty and Accepting Punishment With Leniency is one of the ways to improve the modernization of the national governance system and governance capacity.Legislators arrange the system in an orderly manner to different positions in the social system,and each system performs its own duties to play a specific social governance function.From a temporal perspective,the judicial system is lagging behind,and the real world is full of change.Prosecutors are unable to effectively respond to complex cases due to the influence of the real environment.Procurators have been caught up in decision-making difficulties on a large scale,and the operation of the system has correspondingly come to a standstill.Since the system can be the object of functional analysis,and the function is also the reason for the existence of the system,the above phenomenon can be analyzed from the perspective of function.From a functional point of view,the intensive aggregation of multiple judicial systems in a short period of time may lead to the superposition and reorganization of the directional functions attached to them,which may lead to a wide range of functional obstruction or functional deviation in the operation of a certain system.In order to deal with the over-negative phenomenon caused by functional aggregation,functional operation can be regarded as a solution path.Without destroying the basic framework of the original system,through specific operations such as adding(reducing)supporting systems and adjusting the functional ranking of the system,we can try to adopt functional operation methods with different goals,such as functional substitution,functional balance,and functional weakening(functional strengthening).Through the analysis of the internal structure of the System of Pleading Guilty and Accepting Punishment With Leniency,the three-layer basic structure information of "admitting guilt","accepting punishment" and "leniency" is obtained.After the three structural elements are superimposed and combined,they are linked with the criminal procedure system to form a new institutional device.It presents a general character of filtering and stability in the criminal proceedings pipeline.In order to maintain the sound and lasting operation of the social governance system,the state cannot only rely on a crude and simple institutional framework.In the different historical time periods of the "exploration stage","replacement stage",and "improvement stage",the basic structure of the System of Pleading Guilty and Accepting Punishment With Leniency has undergone varying degrees of changes in order to expand the scope of adaptation to the social environment.Through the analysis of the evolution process of the system,the three expected functions of the system are "fairness","efficiency" and "repair",and the main function is the "repair" function.Legislators have chosen to add a series of supporting measures to the criminal litigation system to address institutional design issues,forming the main structure of the system.The procuratorial organs,in order to solve the problems of institutional operation,choose to dynamically allocate diverse supporting measures within the framework of institutional devices according to local conditions.The logical impact between legislation and justice has led to functional issues in the operation of the leniency system for confession and punishment.The empirical materials are collated and found that there is a certain gap between the three expected functions and the actual effects.From the perspective of prosecutors,the specific performance is as follows: The first is the difficulty in applying serious crime cases,the second is the heavy work in plea cases,and the third is the difficulty in resolving conflicts in sentencing negotiations.The above three abnormal phenomena occur within the primary procuratorates,corresponding to different types such as impartiality function impairment,efficiency function alienation,and repair function limitation.The limited function of the system does not indicate that the basic device of the system has been directly damaged.The main structure of the system indirectly integrates the dynamic structure of other institutions in the social governance system,which may lead to intermittent functional imbalance of the infrastructure.There are three main reasons for the gap between the expected function and the reality: first,the structural problems of social governance;the second is the structural problems of the main body of the performance function;The third is the design of the infrastructure for leniency for those who admit guilt and accept punishment.Social governance is a systematic project,which requires multi-level and multi-faceted continuous construction.In view of the functional problems in the operation of the system,taking the functional operation as the core method can explore a new path for the high-quality development of social governance.The demonstration is carried out from three paths: "the construction of a system for separating minor and serious crimes","the continuation of the personnel force structure system",and "the system construction of a voluntary and authenticity review system".With the final target of refining social governance,scientific arrangements are made for the three levels of system construction,personnel strength,and system design,optimizing the connection between elements in the criminal procedure system,and properly promoting the process of modernizing national governance capabilities.