The Study On The Application Of Leniency System In The Investigation Stage

The lenient system of admission of guilt and punishment is a major innovation in China’s criminal procedure system.After several years of pilot exploration,the value of lenient system of confession and punishment has become increasingly prominent.The practical experience shows that the construction of a multi-level criminal procedure system with complicated and simple diversion and differentiated treatment is in line with the development law of our criminal procedure system and is also conducive to meeting the needs of the current criminal justice reform.Although the application of lenient system of confession and punishment in the investigation stage has been included in the normative text,the relevant legal provisions are general and vague,the operational effect of the system is not very ideal,and the application value of the system has not been brought into full play.Starting with the value of the lenient system of confession and punishment,this paper makes a systematic analysis and combing of its normative basis,realistic basis,practical operation condition and predicament,and puts forward some perfect basic ideas and concrete suggestions on the applicable mechanism of lenient system of confession and punishment in investigation stage.In addition to the introduction and conclusion part,this paper includes four parts.The first part: the significance of the lenient system of confession and punishment in the investigation stage.This part mainly expounds from the following aspects :(1)it is beneficial to standardize the investigation activities and guarantee the rights of the accused;(2)it is beneficial to prevent the alienation of the incentive function of the system;(3)punish the crime in time and effectively,and maintain social harmony and stability;(4)improve the efficiency of investigation and optimize the allocation of judicial resources.The second part: the normative basis and realistic basis of the lenient system of confession and punishment in the investigation stage.This part mainly includes: first,to make the interpretation to the applicable legislative basis,including the criminal procedure law basis and the judicial interpretation basis.Secondly,it expounds the policy support of application,and points out that the criminal policy of combining leniency with severity puts forward new requirements for the application of lenient system of confession and punishment from the aspects of policy kernel transformation and procedural benefit theory.Thirdly,it analyzes the practical basis of application and explains the high conviction rate,non-custodial litigation and investigation mode.Fourth,the necessary response to part of the "opposition theory ".The third part: the practice observation of the lenient system of confession and punishment in the investigation stage.This part involves three aspects: first,it mainly introduces the general situation of system application.Second,introduce the initial results achieved in the application of the system.Thirdly,it points out the problems existing in the application of lenient system of confession and punishment in the investigation stage,mainly the narrow scope of application,the small amount of applicable cases,the lack of internal driving force in the application of investigation organs,the less application of non-custodial coercive measures,the unclear status of of leniency of guilty plea and punishment entities,the lack of stability the lenient undertaking of investigation organs,and the insufficient guarantee of the rights of the litigants.The fourth part: the perfection of the applicable mechanism of lenient system of confession and punishment in investigation stage.This part puts forward the perfect basic idea and the preliminary suggestion,mainly :(1)further clarifies the lenient degree of confession and punishment in the investigation stage;(2)enhances the investigative organ to apply the motive force and the enthusiasm,such as gradually correctly establishes the criminal law modesty,the light punishment,the non-criminalization treatment and so on modern penalty concept,makes the reform to the investigation organ internal regarding the detention compulsory measure appraisal index,changes the present compulsory confession mechanism,lets the investigation organ benefit from the system application;(3)To improve the procedural leniency and procedural simplification mechanism,such as the establishment of the principle of non-custodial,the provisions of detention as an exception,the legislative establishment of the "criminal detention direct prosecution" system to ensure the stability of the application of non-custodial;(4)the construction of the investigation stage of guilty plea and punishment cases transfer procedures to expand the scope of revocation cases;(5)strengthen the protection of the right of prosecution.