Legal Economic Analysis Of Leniency System Of Confession And Punishment

With the intensification of various contradictions in the period of social transformation,the further reduction of the criteria for the admission of illegal acts and the trend of light punishment of crimes,the number of crimes and criminal cases in China has increased year by year.Coupled with the shortage of judicial resources,undoubtedly exacerbated the judicial organs "more cases less people" contradiction.On the other hand,in the criminal proceedings,both the victim and the accused want to close the case quickly and get rid of the heavy burden of litigation.In this context,the system of lenient admission and punishment to improve the efficiency of criminal procedure and optimize the allocation of judicial resources has emerged.Since the introduction of the lenient system of confession and punishment,it has attracted wide attention and heated discussion in the field of legal theory and practice.But throughout the existing research results,mostly from the nature of the system,practical application,system construction and other aspects of the lenient study of confession and punishment,lack of novel ideas and perspectives.As an important tool to study and understand institutional changes,legal economics can be used to analyze and evaluate the lenient system of admission and punishment,thus providing theoretical basis for institutional changes.Therefore,this paper tries to seek the balance between theory and practice on the basis of the existing academic research results,from the perspective of law and economics This paper analyzes and discusses the system demand of lenient admission and punishment,the applicable legal and economic basis,the existing problems in judicial practice and the optimization and perfection of application.From the perspective of legal economics,the existence and operation of lenient system of confession and punishment have its realistic rationality,which is the product of strong institutional demand,and has achieved good legal and social effects in judicial practice.Using the theory of cost-benefit analysis and game analysis to further analyze the lenient system of guilty admission and punishment can reveal the inherent logic of lenient operation of guilty admission and punishment and its rationality.on the basis of.At the same time,as a new legal system,lenient admission and punishment will inevitably have shortcomings,in judicial practice exposed a lot of problems,need to be further optimized and improved.In view of this,it is necessary to conduct a comprehensive study and combing of the lenient system ofconfession and punishment,in order to promote the theoretical research and practical application of the system to improve day by day,and to construct a more scientific lenient system of confession and punishment.The article is divided into four parts except introduction and conclusion.In the first part,the author discusses the judicial situation in the transitional period of our country and analyzes the needs of the participants in criminal proceedings,and proves that the emergence of lenient system of confession and punishment originates from the huge system demand.The second part,based on the cost-benefit analysis and game analysis theory of legal economics,analyzes and demonstrates the rationality of the existence of the leniency system of confession and punishment,and provides the basis of legal economics for the system.The third part focuses on the judicial practice and analyzes the problems existing in the application of the leniency system from the perspective of legal economics.The fourth part applies the theory of law economics,from On the macro level,some suggestions and ideas are put forward for the optimization and perfection of the leniency system.