Positioning Of Public Prosecution Of Procuratorate Under The Leniency System Of Confession And Punishment System

The positioning of the prosecution function of the procuratorial organ under the confession and punishment system must be understood from the meaning of the prosecution function itself,and the second is to highlight its characteristics under the confession and punishment system.In China,the procuratorial agency is an independent state organ,namely,national legal supervision.Organs,which specifically exercise procuratorial power and perform legal supervision functions.Under the confession and confession system,the public prosecution power of the procuratorate is of great significance to achieve leniency.At present,under the confession and punishment system,scholars are more focused on how to realize the division of trial procedures,but in essence,the prosecution and non-action of prosecution in the procuratorial organs is the most effective case diversion mechanism.In the context of the reform of the national procuratorial system to shuffle the functions of the procuratorial organs,it is even more important to grasp the nature of the procuratorial organs in essence,that is,to locate their due functions based on the realization of legal supervision.This article is based on the newly issued "Two High and Three Departments" "Guiding Opinions on the Application of the Pleniency and Pleniency System for Commitment and Commitment",and explores how to better characterize the public prosecution function of the procuratorate and how to use it to confess guilt,combining with the judicial practice of the confession and punishment system.The role of procuratorial organs under the confession and punishment system is divided into four parts:The first part mainly introduces the background and significance of the topic as well as the relevant provisions of the prosecution under the system of confession and punishment.The leniency system of confession and punishment runs through all stages of criminal procedure in our country.In the guiding opinions,there are clear provisions on the responsibilities of the people’s Procuratorate in the stage of examination and prosecution,but they are mainly reflected in the protection of the rights and interests of criminal suspects and defendants.There are few provisions on non prosecution and sentencing suggestions.In this regard,we can absorb good experience from practice to promote relevant laws Establishment of laws and regulations.The second part mainly analyzes the system of pleading guilty and admitting punishment,focusing on the purpose of pleading guilty and admitting punishment.Under this purpose,combined with the problems in practice and the relevant reasons,it explores the role that procuratorial organs should play in realizing its purpose,that is,how to realize the procedure diversion through the exercise of public prosecution power,to achieve the economic benefits of litigation and achieve the efficiency and fairness Balance.The third part is mainly about the changes of the procuratorial organ under the system of confession and punishment.How to operate the public prosecution function that the state originally entrusted to the procuratorial organ in the system of confession and punishment,and what problems appeared in the process of operation,and how to adjust them.In practice,there are two major contradictions.One is the low rate of non prosecution and the imperfect supervision mechanism,which may lead to the possibility of power abuse.How to delegate power and restrict power is a problem worthy of discussion.The other is the conflict between the fact that the power of sentencing proposal is too large,which may impact the judicial power of the court and the current situation that the judicial credibility will be affected after the rejection of sentencing proposal.In addition,to improve the public prosecution function of the procuratorial organ under the whole system of confession and punishment,we need to consider the relevant supporting measures and the corresponding process simplification.In the fourth part,after analyzing the relevant problems in the operation of procuratorial organs under the system of pleading guilty and punishment in judicial practice,the author puts forward relevant opinions and suggestions on how to improve the rate of non prosecution,how to improve the supervision and restriction mechanism,how to give full play to the right of sentencing proposal.The new document has detailed provisions on the protection of the rights and interests of criminal suspects and defendants,and on duty lawyers The functions are listed and the rights of duty lawyer are confirmed.At the same time,there are clear provisions on the confession and withdrawal of criminal suspects and defendants.In terms of protecting rights and interests,the provisions are relatively comprehensive in theory.However,in practice,how to realize these Provisions needs a more detailed analysis,such as after the duty lawyer’s functions are specified How to mobilize the enthusiasm of lawyers on duty and promote the work of lawyers on duty.To solve the problem of low non prosecution rate,we need to further build an effective standard.The function of sentencing suggestion right should not only focus on the provisions of adoption and adjustment,but also consider how to put forward sentencing suggestions,how to modify sentencing suggestions to not infringe the rights and interests of suspects and defendants...