Research On The Leniency System Of Confession And Punishment

The system of leniency of confession and punishment is a new litigation system established in the criminal procedure law of our country,which combines entity and procedure.The purpose of this system is to solve the practical problems such as more cases and less people,and the difficulty of effective use of judicial resources.Since the pilot in 2016,the system has achieved good results in the pilot areas,and now it has been comprehensively promoted and raised to the height of China’s criminal procedure law.However,there are still many aspects to be improved in order to better serve the criminal litigation activities and realize its system value.How to apply confession and punishment in the investigation stage? Does it affect the change of compulsory measures after application? How to guarantee the right of defense of suspects and defendants in the case of pleading guilty? How to standardize the negotiation of confession and punishment and so on.This paper attempts to analyze the above problems,find out the shortcomings of the system of confession and punishment,and provide corresponding suggestions to improve it,so that it can better serve the overall situation of China’s criminal proceedings.This paper is divided into three parts(in addition to the introduction and conclusion),through the research on the theoretical issues related to the leniency system of confession and punishment,to clarify the connotation of the leniency system of confession and punishment,and to put forward corresponding improvement measures based on the difficulties of practical operation.The first part is an overview of the leniency system.From the definition of the corresponding concept of the leniency of confession and punishment system to the theoretical controversy in the specific practical operation of the leniency of confession and punishment system,through the analysis of the rationality of the corresponding controversial issues,the author’s personal views on the relevant issues involved in the leniency of confession and punishment are clarified.The second part is the dilemma of the practice of the leniency system.This part points out the specific problems existing in the judicial practice,such as how to apply the leniency of confession to the criminal suspects in the investigation stage,and how the court hearing of the confession and punishment cases becomes formality.And for the analysis of the above problems,clear our system of leniency of confession andpunishment in the practical operation of the operational obstacles.Try to attract the attention of the theoretical and practical departments,in order to better improve the system of leniency of confession and punishment.The third part is the concrete measures to improve the leniency system of confession and punishment.This part mainly aims at the concrete obstacles existing in the practical operation of leniency of confession and punishment,and provides corresponding improvement measures.The innovative point of view is to make clear the application procedure and focus of criminal suspect’s confession and punishment in the investigation stage,and take the criminal suspect’s confession and punishment as the consideration factor of priority application of non custodial coercive measures.