Study On The System Of Lenient Punishment For The Admission Of Guilt And Acceptance Of Punishment

Although the system of lenient punishment for the dmission of guilt and acceptance of punishmen thas been formally established in the form of article of criminal procedure law,its essence is a criminal system with both procedural and substantive nature,and its significance in substantive law is mainly manifested in leniency for sentencing activities after the accused person admits his guilt.Under the guidance of China’s criminal policy of tempering leniency with severity and the theory of mitigating punishment,the trial of the case of guilty punishment should make reasonable and positive substantive right response to the penitence and punishment of the accused,so as to fundamentally reduce the personal harm of the offender and maintain the stability of social security from the purpose of prevention of punishment.The leniency of sentencing is the ultimate foundation of this system,and it is also the entity rights and interests that the accused are most concerned about.Therefore,how to leniency and the necessary limit of leniency have become the problems that the justice of sentencing must face.Starting from the requirement of precise punishment,we should distinguish and integrate the existing leniency measures,the sentencing circumstances and the sentencing basis stipulated by the criminal law,determine the corresponding leniency range,and finally adopt the leniency range of step sentencing.All these normative measures are conducive to maintaining the legitimacy and rationality of sentencing results.In the new stage when the system of leniency for guilty plea is not perfect,the amendment of criminal law and the supplementary provisions of normative documents can provide theoretical basis and operational guidance for the system of leniency for guilty plea,and promote the system of leniency for guilty plea to gradually perfect.