A Study On The Leniency System Of Guilty Plea And Punishment Under The Trial Centralism

The system of leniency in pleading guilty and punishment has changed the traditional pattern of serious confrontation between the prosecution and the defense in criminal proceedings,which makes the confrontation develop in the direction of cooperation and cooperation.There is no confrontation between the prosecution and the defense in the court,and there is no pattern of you coming and I going to give up each other,but confession and punishment.The pattern of litigation has changed,not only serious violations of personal rights and other acts of violent evidence collection are gone,more importantly,unjust,false and wrong cases are avoided,and the confessions are voluntary and true.Voluntary and true confession greatly saves the time of litigation and improves the efficiency of litigation.It can be said that the judicial reform may face more problems if there is no leniency in pleading guilty and no quick criminal adjudication procedure.The reform of the post system has reduced a large number of judges,but the number of cases has increased.The reform of the registration system has made the number of criminal cases and civil cases continue to increase.The amendment to the criminal law puts some minor crimes into criminal law,and a large number of administrative penalties in the past into the criminal law.In the past many years,the number of criminal cases has not exceeded one million,but now it has reached more than 1.2 million.On the one hand,the strength of handling cases has decreased,but on the other hand,cases have increased greatly.However,the reform of the criminal procedure system with trial as the center requires that the core of the trial centralism is the substantiation of the trial,in which the identification of evidence is the focus of the substantiation of the trial of criminal cases.In practice,some cases "sick" into the trial,lack of key evidence or illegal collection of key evidence,the trial can not meet the requirements of "the facts of the case are clear,the evidence is indeed sufficient",leading to a dilemma in the trial: if a guilty verdict,it may be empty suspected crime from no principle,fall into the wrong logic of presumption of guilt,resulting in unjust,false and wrong cases;on the contrary,it may indulge the crime.Is there a contradiction between the two?In fact,it is not the case.In the case of pleading guilty and accepting punishment,the accused voluntarily confirms the facts of the crime,has no objection to the result of the penalty,and actively provides relevant evidence,which helps the case handling department to grasp the facts of the case and restore the objective truth of the case.The procuratorial organs bring the confession and physical evidence obtained according to law into the first instance to be tested by the trial standard,which embodies the concept of facing trial and serving trial,lays the foundation for giving full play to the function of trial,especially the trial link,ensures the efficiency and quality of the trial link,and makes the case be solved as far as possible,which is in line with the trial centered principle The first instance should play an important role in the application of law.Therefore,first of all,to clarify the concept of leniency of guilty plea and trial centralism,and to analyze the relationship between trial centralism and guilty plea,to explain the internal correlation between the two.Secondly,this article analyzes the value conflict between the substantive court trial and the leniency system.Although the leniency system emphasizes the value of efficiency,it must follow the basic requirements of trial centralism and must confirm trial centralism.The "as it should" of the system of plea guilty and punishing leniency is its reasonable positioning.Including: We must insist that court trials are substantive,optimize judicial resources,and protect the rights and interests of criminals.At the same time,we must adhere to the procedural law requirements of procedural justice.Finally,by comparing the "actual" and "should be" of the leniency system of guilty plea and punishment,this paper gives some suggestions.For example,we should adhere to the trial centered trial system to make the trial substantive.When the judge doubts the affidavit,the public prosecutor should bear the burden of proof.This also reflects the original intention of the trial centered principle of "solving the disputes between the prosecution and the defense,reflecting procedural justice and substantive justice",fully implementing the evidence judgment and ensuring the substantiation of the trial.