The Study On The Application Of The Leniency System Of Admitting Crime And Pleading Punishment For Minors

To study the lenient system of pleading guilty and confessing punishment for juvenile delinquency has dual theoretical and practical needs.It can not only improve the leniency system of confession and punishment,promote the development of China's criminal procedure system and the criminal procedure of juvenile delinquency cases,but also promote the role of minor criminal suspects and defendants in helping and educating them to better reform and return to society.The leniency system of confession and punishment for juvenile delinquency has its legitimate basis.Firstly,the particularity of juvenile delinquency cases makes it easier for juvenile delinquents to reform and get out of the wrong way.At the same time,it is also conducive to solving the shortage of judicial resources in judicial practice.Secondly,the lenient system of confession and punishment has universal applicability,and its scope should cover juvenile delinquency cases.Finally,the lenient system of plea guilty and punishment and the policy of "special treatment" for minors have the commonness of value level,and its idea is consistent.Comparing with ordinary cases,the lenient system of confession of guilt and punishment is applicable to juvenile delinquency cases.It requires not only the "confession" and "confession of punishment" of criminal suspects,but also the legal representative of minors to agree with it.The lenient system of confession and punishment for juvenile delinquency has not only legislative basis,such as the Pilot Measures,the newly amended Criminal Procedure Law,but also continuous exploration in various regions in judicial practice.For example,the Procuratorate of Hebei District of Tianjin City has issued the Working Measures for the lenient system of confession and punishment for juvenile delinquency(trial implementation).There are still some problems to be noticed in the application of leniency in confession of guilt and punishment for juvenile delinquency,such as imbalance between crime and punishment in substance,damage to the interests of victims in judicial consultation,and damage to the rights and interests of juvenile suspects through leniency in confession of guilt and punishment.Therefore,the leniency system of plea guilty and confession of punishment for juvenile delinquency needs to be further regulated and the rights and interests of victims and juvenile suspects should be further guaranteed.