A Study On The Application Of Leniency Of Confession And Punishment In Procuratorial Stage

In the cases that facts are clear,simple,and the suspect pleads guilty,it is not necessary to use ordinary criminal procedure because it is wasting time and judicial resources,its formal meaning is greater than substantial meaning.This is the origin of leniency system for confession and punishment.Leniency system for confession and punishment,dealing with the legal procedure more convenient for the case is a positive legal system,which can improve judicial efficiency and encourage the criminal suspect to confess his guilt.Therefore it needs deep theoretical discussionon how to use this systemin judicial practice.This paper is divided into six parts:The first part:Introduction?Recently,leniency system for confession and punishment is a judicial practice exploration in some parts of China,which aims to improve judicial efficiency.The second part:Introduction of leniency system for confession and punishment.It introduces the concepts and characteristics of this system.The third part:Existing problems.It analyses from these aspects:The balance between judicial justice and judicial efficiency,standardization of operation of leniency system for confession and punishment,system guarantee of lawyer on duty,the exercise of discretion of Prosecutors,false confession and lenient punishment and remedies for leniency to guilt and punishment.The fourth part:Cause analysis.It analyses form these aspects:subjective cognizance of procurators,standardization of this system,local difference and experience of procurator.The fifth part:Suggestions for perfection.In view of the existing problems,I suggest from these aspects:it needs to strengthen the coordination between judicial efficiency and judicial justice,regulate the operation procedure of criminal suspect's confession and punishment,standardizing lawyer's duty system,strengthening the exercise of discretion of Prosecutors,strengthening the handling of false confession and punishment and improving the relief system of confession and punishment leniency.The six part:Conclusion?How to improve the leniency system for confession and punishmen.