Research On The Leniency System Of Pleading Guilty And Punishment In China

The research theme of this thesis is the system of plea bargaining,which is based on the background of foreign plea bargaining systems and combined with my country’s specific national conditions.It is a system of "confession and negotiation" with Chinese characteristics.In 2016,the central government launched a two-year pilot project.In the past two years,18 pilot cities across the country have achieved remarkable results.In 2018,with the revision of the Criminal Procedure Law,the system of plea guilty and punished leniency formally entered China In the legal system of the country.The establishment of the leniency system for confessing guilt and punishing is the need of building a socialist country under the rule of law with Chinese characteristics in the new era.It has consolidated the achievements of criminal litigation reforms,strengthened the protection of human rights,met the needs of the anti-corruption national strategy,improved China’s judicial practice and judicial environment,and reduced The pressure of handling cases and custody of judicial organs has accelerated the procedures for handling criminal proceedings and the restoration of social relations,eased social confrontation,reduced revenge psychology and risk,and provided positive judicial energy for social harmony and stability.However,as a new system,it is inevitable that there are deficiencies in design and aspects that have not been considered in its legislative level and supporting systems,which makes the system have a realistic dilemma in actual operation.On the one hand,from a legislative perspective,the system of confession of guilt and punished leniency has not been formulated in detail on its certification standards,the range of lenient sentencing,the protection of the voluntariness of criminal suspects,and whether the prosecutor has the right to appeal and the right to repent.This has also led to differences in the standards adopted in different regions and different cases in practice,affecting the fairness of cases;on the other hand,from the level of supporting systems,the positioning of the duty lawyer system,judges,and prosecutors The position of officials,the protection of the rights of victims,and the inequity in the form and content of the confession and punishment are all unresolved issues.The unclear nature of these issues will bring negative effects to the resolution of the case.On the basis of eliciting the above-mentioned questions,this article provides explanations and answers to the existing problems and unconsidered aspects in the legislative level and supporting systems through analysis and exploration through reference to relevant foreign systems.On the one hand,on the basis of scientific legislation,it is necessary to clearly determine the standard of proof of crime,establish specific and operable lenient standards for sentencing,and protect the prosecutor’s voluntariness in a multi-faceted manner while maintaining the right of appeal and estoppel.,To further improve the details of the supporting system,clarify the duty lawyer system,the positioning of judges and prosecutors,attach importance to the protection of the rights of victims,and optimize the form and content of the confession of guilt and punishment.