Solving Value Conflicts Between Judicial Justice And Litigation Efficiency

Cognizing and demonstrating the value of law has always been an important discussion for legal researchers,especially settling the value conflict.As an important system in line with the trend of China's judicial reform,the leniency system of confessing and punishment has been formally written into the legal text with the amendment of criminal procedure law.Behind this system,there is a fierce conflict between judicial justice and litigation efficiency,and the tension between them also reflects the contradiction between the two goals of punishing crimes and protecting human rights in criminal proceedings.After a brief summary of the leniency system of confessing and punishment,this paper begins to pay attention to the value conflicts in the system.Based on the general principles of value conflicts as well as some basic jurisprudential ideas,and by combining with the comparative analysis of the simplified criminal procedure in common law system and civil law system,this thesis proved several rules in solving the value conflicts between judicial justice and litigation efficiency in the leniency system of confessing and punishment.The reference rules are as follows: ensuring the bottom line of substantive justice by the principle of presumption of innocence,and guaranteeing the defendant's right of participating in the proceedings and getting a reasonable compensation,as well as adhering to the principle of trial neutrality and equality between prosecution and defense.