Research On The Leniency System Of Pleading Guilty And Its Improvement Countermeasures

For a long time,justice and efficiency have been the value of criminal litigation reform,and under this value,it has also guided the development of criminal litigation reform of China.The leniency system for confession of guilty and punishment was officially launched in 2014 in some cities in my country.After four years of experience and repeated demonstrations by the judicial and theoretical circles,it was officially written into the new Criminal Procedure Law in 2018,marking a confession of guilty and punishment.The leniency system has achieved a staged victory from point to area,which provides a legal guarantee for the wide application of the favorable system.With the in-depth development of the leniency system for confession of guilty and punishment,various procedural designs and system guarantees have been improved day by day,but there are also problems in application that are worthy of our in-depth exploration.Based on the background and judicial practice of the establishment of the leniency system for confession,confession and punishment,this article uses the literal interpretation as a pivot to dig into the inner meaning and operating logic of the leniency system for confession,confession and punishment,and apply it to the theoretical circles in the review of the pilot and initial stages of confession and punishment.The discussion on the scope and conditions of the company shall be clarified in conjunction with the current legal regulations.Through the analysis of the specific manifestations of the confession of guilty and punishment in each litigation stage and the problems existing in it,based on the combination of China’s judicial practice and foreign experience,feasible solutions are explored,so that it can be developed to be practical and suitable for our country.The characteristic system of criminal justice better serves judicial practice.This article is divided into four parts: introduction,main text,closing remarks,and acknowledgments.The main text consists of four parts.In the introduction part,this part mainly introduces the topic selection background,research significance,research status,research ideas,etc.of this topic.The first part of the main text mainly summarizes the leniency system of confession and punishment.Firstly,according to the Criminal Procedure Law and related normative documents,clarify the connotations of “confession”、“confession”、“leniency” and the internal logical relationship of them;then,from the perspective of the concept of punishment,sort out confession of guilt and confession of lenient the development process of justice in China;finally,through the application of the leniency system of confession and punishment,explore its value pursuit and practical significance.The second part of the text mainly summarizes the opinions of the theoretical circles in the early stage,combined with the current legal regulations,clearly confirms the scope of application and application procedures of the leniency system.Subsequently,it analyzes the realization path of confession and punishment cases in litigation,explains the specific operations in the investigation stage,the review and prosecution stage,and the trial stage,and draws out the problems in the application of confession and punishment cases.Then,according to the procedural guarantees in all aspects of litigation in cases of confession and punishment,the importance of rights protection is highlighted in the current criminal justice context.The third part of the main text mainly discusses the problems in the various stages of the confession and punishment of guilty cases:Firstly,the problems of legal assistance for confession and punishment,mainly refer to the inadequate implementation of the duty lawyer system,the poor effect of legal assistance on duty lawyers,On-duty lawyers take the initiative to provide help,such as low enthusiasm.Secondly,the problems with the precision of confession and punishment.On the one hand,it refers to the imbalance of sentencing under the “temporal and spatial” dislocation of the public prosecutor in specific cases.Specifically,the imbalance of sentencing under the dislocation of“spatial” refers to the lack of search for similar cases.The sentencing imbalance under the “time” misplacement refers to the lenient sentencing circumstances during the trial stage or when entering the trial stage that were not available when pleading guilty and punished.Due to the “time and space” difference in the case handling process,public prosecution the agency is unable to make relatively accurate sentencing recommendations at this stage,which increases the frequency of sentencing changes and affects the judicial credibility of the public prosecution agency;on the other hand,it refers to the social assessment and property necessity of the prosecutor in the investigation,review and prosecution of cases of confession and punishment.The lack of investigation is not conducive to improving the proportion of property punishment due to imperfect system construction,case-handling deadlines,and insufficient awareness of case-handling personnel,which makes it impossible to make relatively accurate sentencing recommendations,especially the determination of the way of execution of penalties.Finally,there are problems in the standardization of confession and punishment.On the one hand,the defendant,the defender(on-duty lawyer)and the prosecutor in the sentencing negotiation have asymmetric information and fail to fully explain the relevant clauses,which leads to the prosecutor’s remorse after pleading guilty and punishing.And the occurrence of appeals;on the other hand,it refers to the defendants’ repentance and appeals due to the disillusionment of expectations.Because it is impossible to regulate “blank” appeals at this stage,the defendant who falsely “confessed guilt and punished” was given an opportunity to “steal” the achievement of leniency and obtain further leniency through appeals,which is not conducive to further improving judicial efficiency.The fourth part is to put forward the author’s solutions to the problems encountered in the handling of the confession and punishment case that presented in the third part.The main methods are as follows:Firstly,improve the legal assistance measures for confessing guilt and punishing,including further improving laws and regulations,empowering,and refining operational norms;strengthening judicial linkage and promoting the implementation of the duty lawyer system;Strengthen business training to enhance the sense of honor and sense of acquisition of on-duty lawyers.Secondly,improve the precision and standard operation of the leniency system for confessing guilt and punishing,including carrying out searches for similar cases,carrying out diversified sentencing recommendations;gradually carrying out necessary investigations to ensure substantive justice;and building a trust mechanism for confessing guilt and punishing.Finally,improve the construction of the appeal mechanism and diversify the occurrence of estoppels,including guaranteeing the basic litigation rights of the prosecutor to freely appeal;improving the court and prosecutor’s counter-appeal docking mechanism;and learning from the methods and methods of dealing with foreign appeals.Conclusion part.This part is the summary of this thesis.