Research On Entity Of Plea Guilty And Punishment

Since "admitting guilt and punishment" has been proposed as a proper term in 2014,it has been more than five years from the conception and improvement to the system construction and improvement,and finally the landing and practice.As an important part of comprehensively advancing the rule of law,there are still many problems to be solved urgently in the system of pleading guilty and punishment.How to coordinate and coordinate the conflict and misplacement of criminal substantive law and procedural law on this issue has become an unavoidable topic in practice.Through continuous analysis of the concepts of "confessing guilty" and "confessing punishment",it is found that the concept of "confessing guilty" should be limited to the facts of "confession".The suspect and defendant also have no professional ability to know whether their actions have actually violated modern criminal law.The "confession" should include two plots of "returning stolen goods and reimbursement" and "victim’s understanding" to assist in the identification of "false confession" to reduce the proportion of "false confession" in "confessing punishment".In the judicial practice,"leniency" was misinterpreted as "more leniency than in the past",but in fact,at different stages of the three criminal policies related to "leniency" in the past,the object of "leniency" comparison was always the benchmark.The understandingof "leniency" should insist that it is only understood as "the criminal punishment can be lightened,reduced or even exempted"."Confessing guilty" and "confessing punishment" are two completely different "confessions" behaviors,and they are not suitable for "cooperating" together.The improvement of efficiency value emphasized by "cooperating" is not obvious in the current judicial practice.After exploring the concepts of restorative justice and consultative justice,it was found that allowing the two to be out of sync is helpful to guarantee the equal status of criminal suspects and defendants in the plea negotiation process.As a result,the risk of not being able to sign a statement of conclusion or to increase the sentencing proposal is increased,and forced to choose to obey,so that the right to defense is void.The author finally established a multi-sentence lenient punishment system with the minimum punishment unit of 5% of the base penalty by dividing the "confession and punishment" into a fine-grained way,responding to the "confession and punishment" and the original leniency system.The actual needs of convergence provide a set of feasible solutions.