Jurisprudetial Thinking On Leniency System Of Guilty Plea

The leniency system of guilty plea is a new type of criminal litigation system that is being promoted in China at present,and it is a systematic reform of China’s criminal litigation system.In leniency system of guilty plea,the prosecutor voluntarily acknowledges the alleged crime,and even accepts possible punishment,as a reward for cooperation with state organs,substantial penalties on such prosecutor should be lightly reduced,lightened or exempted completely,and such prosecutor should be procedurally granted,including the application of non-custodial compulsory measures in priority,non-prosecution or short-term trial procedures.This article begins from the theoretical content of the lenient system,discusses the connotation and extension of both confession and accept of punishment,and the relationship between confession,accept of punishment and leniency.This article also makes jurisprudential thinking from the point of accusation-defense culture,lawsuit efficiency,plea bargaining system and "trial-centered" system.Then this article analyzes the present value of the system,including(1)optimization of judicial allocation under the coupling of justice and efficiency,(2)formation of non-adversarial litigation in the procedure of investigation,review and prosecution,and trial,(3)bear of the tolerance spirit of modern justice.This article also analyzes the differences and connections between the lenient system and other systems,including the distinction and connection between the"trial-centered" system and the plea bargaining system,and the relationship and integration of the duty lawyer system and the victim participation system.This article also makes a due and actual analysis of the application of leniency system of guilty plea in all stages of the criminal procedure.Finally,this article also analyzes the problems and counterplans about review on willingness of confession,scope of cases which apply the leniency system of guilty plea,standardization of sentencing and sentencing recommendations,mechanism of prosecution and defense consultation and duty lawyer,arising from the application of leniency system of guilty plea in pilot areas.