On The Application Of The System Of Pleading Punishment And Punishment In China

In this paper,the author will be divided into four parts,and the procuratorial organs will be expounded on the application of confession and punishment.The first chapter is an overview of confession and punishment.The confession of confession and punishment can increase the efficiency of criminal proceedings,strengthen the protection of rights,and promote conflict resolution.Its purpose is to encourage judicial suspects to abandon their confrontation with the judiciary by achieving a wide range of criminal suspects,so as to achieve judicial efficiency.Its formal value lies in the realization of "sufficiency" in criminal proceedings,and handling cases with more convenient and quick trial methods to improve judicial efficiency.The second chapter compares the particularity of the lenient system of confession and punishment in comparison with the US plea bargaining system.First of all,the former can be applied on the premise that the suspect is guilty,but almost all cases of the plea bargaining system are applicable.Secondly,the plea bargaining system can be traded from the crime to the sentence,but in the lenient system of confession and punishment in China,the scope of negotiation is limited to the sentencing proposal.Thirdly,the application of the guilty plea in China to the lenient system does not reduce the standard of proof in criminal cases,while plea bargaining reduces the standard because of the application of specific procedures.Finally,China's confession of confession and punishment is still subject to court judgment,and the plea bargaining has been determined once the crime and the sentence have been reached.The third chapter is about the application and existing problems of the procuratorial organ's confession and punishment system.It has a comprehensive impact on the operation of the procuratorate's power.The procuratorial organs apply the pleading guilty to the lenient system.The problems include:the voluntary confession of the pleaded by the prosecutor is difficult to guarantee,the lack of full participation of the lawyer,the neglect of the rights of the victim,the lack of standardization of the procuratorial organ's sentencing recommendations,and the constant pressure on the procuratorial organs.Increasingly,the procuratorial organs are less subject to discretion,and it is difficult to play their due role,the abuse of the right to appeal,and the insufficient application of non-prosecution.The fourth chapter is to improve the specific recommendations of the procuratorial organs for the application of confession and punishment.It includes giving the victim the veto power to initiate the procedure,perfecting the corresponding supporting system,clarifying the specific scope of application of the case,and broadly procedural construction of the procuratorial authority's application of guilty pleas,granting the complainant the right to repent and limited appeal,and introducing Conditional non-prosecution system,etc.