Application Study Of Guilty Plea For Leniency In Criminal Investigation

The system of guilty plea for leniency and punishment is of great significance to the judicial reform of our country.The implementation of this system can improve the efficiency of litigation,strengthen the protection of human rights,and realize the criminal law policy of temper justice with mercy criminal.The introduction of the amendments to the Criminal Procedure Law in 2018 means that the system of guilty plea for leniency and punishment has been formally incorporated into the criminal procedure system,and has made it clear that the system can run through the whole criminal procedure.So the study on the application of the system in investigation stage has received wide attention.This paper puts the perspective of applying the system in the investigation stage,raises problems and seeks solutions,the article is studied in four parts.In the first part,the author gives an overview of the origin,legal provisions and specific connotation of the system of guilty plea for leniency and punishment,and combine the views of scholars to analyzes what is guilty,what is accept punishment and how to be lenient.Then analyzes the investigation system and the extraterritorial investigation system and confession pattern of our country briefly,including the different investigation systems adopted by the centralized country with French as an example and the decentralized country represented by the United States.The second part of the content is aimed at the concept and value of the system of guilty plea for leniency and punishment,and analyzing the historical and cultural basis of the system and the value of applying criminal investigation from the wideness,and analyzing the criminal law policy of temper justice with mercy criminal.Then analyzing the significance of the system for discovering the facts of crime,improving the efficiency of investigation,and protecting the right of criminal suspects,and the protection of the rights and interests of criminal suspects and victims.The third part focuses on exploring the existence problems and shortcomings of the system.Based on practice,this article tries to find problems and risks in the current investigation of the application.Including the lack of clarity on the rights of investigators,the increased burden on investigators caused by various reasons,the fact that the proof standard,the application of the wide range is not uniform etc.These problems has brought practical difficulties to the investigators,and resulting in low enthusiasm for investigators.And it discusses the situation that the voluntary of pleading guilty is difficult to guarantee in the investigation work.The fourth part discusses the investigation work to apply the system from the broad response,specifically from two aspects.On the one hand,we should strengthen the protection of rights by guaranteeing the voluntary of pleading guilty and perfecting the system of lawyers on duty.On the other hand,focus on how to improve the system of investigation of the wide system of guilty plea,perfect the obligation to inform,and adhere to the system that review and prosecution without arrest,and defining the range of sentences and the breadth of coercive measures.It is proposed to handle the issue from these parts in the investigation,and explore the new way of the future criminal investigation procedure in the reform of guilty plea for leniency.