The Study About The Procedural Treatment Mechanism For Cases Subject To The Leniency For Guilty Pleas And Punishment Acceptance

The pilot programs of the system of leniency for guilty pleas and punishment acceptance is an important content of the new round of judicial reform in our country.It is of significance to improve litigation efficiency and optimize the distribution of judicial resource.It is an important measure to promote the rule of law.With the advancement of the pilot programs of the system of leniency for guilty pleas and punishment acceptance,the number of cases in which criminal suspects or defendants are subject to leniency by pleading guilty and accepting punishment will increase in China’s criminal juridical practices.Thus,how to provide legal backing to these cases through procedural treatment has become a highly relevant subject for scholars.Owing to a lack of an independent guilty plea process in China,it is imperative to construct a specialized procedural treatment mechanism for cases to which leniency for guilty pleas and punishment acceptance is applicable,as it is not just determinable to the implementation of the system,but also exerts far-reaching impacts on the construction of the justice system centering on the people.Firstly,the concept of the procedural treatment mechanism for cases subject to the leniency for guilty pleas and punishment acceptance is clarified.Starting from the concept of the system of leniency for guilty pleas and punishment acceptance,the author derives the connotation of the procedural treatment mechanism for cases subject to the said leniency,followed by a discussion on its characteristics.Secondly,the theoretical foundations for the procedural treatment mechanism are discussed.Specifically,these theories include those related to litigation effectiveness,procedural subjectivity and procedural diversion providing a sound theoretical basis.Thirdly,a comparison in terms of the legislative stipulations and judicial practices on litigation procedures in guilty plea cases between China and foreign countries is conducted.The singular procedures represented by the plea bargaining and guilt-admission punishment in the Anglo-American legal system and the pluralistic procedures represented by summary trial,criminal punishment order,and speedy trial in the continental legal system are introduced,followed by a comparison of their shared characteristics and differences meant to seek referential implications.Finally,the procedural treatment mechanism for cases subject to the leniency for guilty pleas and punishment acceptance in China is comprehensively discussed,and the existing drawbacks of the mechanism,as well as measures for improvement,are proposed.Focusing on the criminal summary procedure,speedy trial procedure,and reconciliation procedure implemented in China,as well as the legislative stipulations on the pilot program of leniency for guilty pleas and punishment acceptance,the author analyzes the shortcomings based on judicial practices.Recommendations aiming to optimize these procedures,including enriching the hierarchies and reinforcing the cohesiveness of procedures,protecting the rights of criminal suspects and defendants,improving procedural engagement of victims,constructing an independent sentencing negotiation procedure,perfecting sentencing incentive mechanism,and limiting the rights of appeal,are proposed as constructive ideas for developing procedural treatment mechanism for cases subject to the leniency for guilty pleas and punishment acceptance with Chinese characteristics.