Conflicts Between Prosecution And Punishment In The System Of Leniency In Confession And Punishment And Their Solutions

The leniency system of confessing guilt and punishing has a significant effect on the improvement of judicial efficiency in our country,but at the same time it exposes some contradictions in theory and practice.The Yu Jinping traffic accident case has aroused heated discussions both academically and in practice.Through this case,it also shows the contradictions and disputes between the procuratorate and the law in the system of confessing guilt and punishing leniency.By analyzing the internal causes of conflicts between prosecution and law,find ways to resolve conflicts.Its purpose is to improve the application of this system and better realize the value of this system.The first chapter of this article introduces the judicial background of the prosecution conflict in the system of plea guilty and punishing leniency,and analyzes the current academic research on the controversial issues in the prosecution conflict.The second chapter introduces the classic case of "Yu Jinping’s Traffic Accident Case",which bears many controversial points of confession and punishment,and summarizes the conflict of prosecution law in confession and punishment reflected in this case.Through the study of classic cases,this paper leads to the discussion of such controversial issues in judicial practice.The third chapter analyzes the nature and specific forms of conflicts between the prosecution and the law caused by the confession of guilt and punishment,that is,the conflict that the court does not accept the sentencing suggestion and the conflict that the procuratorial agency believes that the court’s judgment is wrong and raises a protest.The fourth chapter analyzes the institutional reasons that cause conflicts between the prosecution and the law in confessing guilt and punishing,that is,the nature of the right to suggest sentencing is not clear;There are contradictions in sentencing negotiation in confession and punishment,that is,on the one hand,the statement of negotiation is not allowed in law,on the other hand,the logic of negotiation is followed everywhere;The conflict between prosecution and law caused by imperfect supporting measures of confession and punishment,that is,there are defects in duty lawyer system,defects in performance evaluation and confession and punishment have not been stipulated in substantive law.The fifth chapter puts forward the countermeasures to resolve the conflict between confession of guilt and punishment,prosecution and prosecution based on the analysis of the previous article.First of all,we must make correct value choices,that is,adhere to the basic position centered on trial,give priority to justice while taking into account efficiency;secondly,it is necessary to make clear that the nature of sentencing suggestion power is the right to seek punishment rather than the power to judge sentencing;once again,it is clear to establish a guilty admission and punishment negotiation mechanism and restrict Its scope of application;finally,it is necessary to improve the on-duty lawyer system and other related supporting measures.