Study On The Application Of Leniency System Of Guilty Plea In Trial Stage

The establishment of the system of leniency for guilty plea is to alleviate the current judicial cause in China is facing the actual situation of "fewer cases",is a major innovation in the development process of the criminal procedure system in China.It is the means to implement the basic policy of tempering leniency with severity that the party and the state have long adhered to,it is the systematic integration and integration of the policy of tempering leniency with leniency in the criminal law and criminal procedure law,and it is the concretization and institutionalization of the criminal policy of pleading-guilty and leniency with frankness.Under the premise of ensuring the quality of criminal judicial handling,the pretrial detention time should be shortened,the burden of litigation reduced,human rights should be effectively protected,and the sentencing outcome should be determined by the time of detention.While punishing crimes and protecting human rights,fairness and efficiency should be taken into account.It mainly includes two aspects: one is the entity leniency;Namely,after the defendant himself admits his guilt,his sentence is actually reduced.Second,the procedure is simplified,that is,in the case process to be simplified.On the whole,in order to improve the efficiency of litigation,but also to ensure that the entity to meet the conditions of fairness.In terms of system design,by giving the defendant preferential terms of prison term,the sentence of the defendant is reduced to a certain extent and the defendant is encouraged to plead guilty voluntarily,so as to achieve a balance between fairness and efficiency.However,in judicial practice,when there is a conflict between leniency of entity and leniency of procedure,how to solve the above problems in the application of leniency of confession has become a difficult problem in the theoretical and judicial practice circles.