Research On The Appropriateness Of Lenient Sentencing In Pleading Guilty

The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China put forward for the first time to improve the system of leniency in confession and punishment.Since then,the system of leniency in confession and punishment has come into the sight of law researchers and practitioners,and has rapidly set off a research upsurge.Up to now,the system has been put forward for more than three years.We have made gratifying achievements in both theoretical research and experimental operation,but also exposed some theoretical and practical problems that need to be solved urgently.In particular,the problem of leniency and sentencing appropriateness in practice.In this regard,we should first clarify the connotation,scope and stage of application and value orientation of the system of lenient sentencing appropriateness of confession and punishment,and form a precise understanding of the relevant content of the system of lenient sentencing appropriateness of confession and punishment.Starting from the background of the appropriateness of lenient sentencing in pleading guilty,this paper clarifies the connotation and boundary of the system and forms the basic understanding of the system of the appropriateness of lenient sentencing in pleading guilty through the analysis of the elements of "pleading guilty","pleading guilty","lenient punishment","lenient punishment" and "lenient punishment appropriateness of lenient This paper makes an empirical study on the present situation and problems of the appropriateness of lenient sentencing in pleading guilty and punishment in China,and analyzes the problems in the legislation of the appropriateness of lenient sentencing in pleading guilty and punishment in China.On this basis,this paper examines the relevant extraterritorial systems,introduces their successes,accumulates experience for the construction of the system of appropriateness of lenient sentencing in pleading guilty and pleading guilty,and then reflects on the pilot situation of the system of appropriateness of lenient sentencing in pleading guilty,pleading guilty and pleading guilty in China,finds out the problems and proposes the system of appropriateness of len Recommendations for improvement.The specific structure is as follows: The first chapter is the main content of pleadingguilty to lenient sentencing related content.At present,there are many disputes about the appropriateness of lenient sentencing in confession and punishment.On the basis of drawing lessons from and reflecting on predecessors' viewpoints,this paper makes a general description of the appropriateness of lenient sentencing in confession and punishment combined with the system background and original intention and forms a basic understanding of the system.In the second chapter,the author introduces the practice of our country,emphatically analyzes the present situation of our country's pilot projects,starts with the trial work of the criminal expedited adjudication procedure and the leniency system of confession and punishment,and finds that although both the criminal expedited adjudication procedure and the leniency system of confession and punishment have achieved good legal and social effects in the pilot operation,I do We should see the problems exposed in operation,and we should treat them calmly and rationally.The third chapter mainly analyzes the legislations on the appropriateness of lenient sentencing in pleading guilty and pleading punishment,so as to find out the essence of the problem,so as to put the remedy to the case and carry out precise countermeasures.The fourth chapter is to investigate the relevant systems outside the country.This paper selects four typical countries of the British,American,German and Italian legal systems to analyze,summarize the lessons of other countries,draw lessons from their successful experience,in order to provide useful thinking for the construction of the lenient system of pleading guilty and pleading punishment.The fifth chapter puts forward specific suggestions for improving the problems and difficulties.Finally,the conclusion summarizes the main content of this article,and makes a prospect for the future development of the leniency system.