Research On The Leniency System Of Pleading Guilty And Punishment From The Perspective Of "Criminal Integration"

The system of leniency for guilty plea is the main content of criminal procedure reform in recent years.There are two main purposes to establish this system: one is to realize the leniency and mitigation of punishment under the premise of ensuring basic fairness and justice,reflecting the criminal justice policy of "tempering mercy with severity";Second,to improve the efficiency of litigation,to solve the contradiction between more people and fewer cases.The essence of the system of leniency for guilty plea is to simplify the procedure and leniency in sentencing.The system of leniency for guilty plea alleviates the tension between the former litigants and reduces the confrontation between the accused and the defense in the process of conviction and sentencing,which is bound to bring about a new situation in criminal proceedings.Taking greater confessed forfeit their system as the research object,in the perspective of integration of "criminal",expounds pleaded guilty to forfeit their meaning from the system and its theoretical foundation,to analyze the risk of greater confessed forfeit their system and value,model the countries outside of the relevant system,puts forward at present,China’s confession forfeit from system,existing problems and related countermeasures for improvement of the system of greater confessed forfeit provide the beneficial reference.The meaning of the system of leniency for guilty plea can be explained from three perspectives: "confession","punishment" and "leniency".Since this system has the nature of both substantive law and procedural law,the concepts of "confession","punishment" and "leniency" can also be interpreted from the perspective of entity and procedure.The legitimacy of this system is also inseparable from the support of the theoretical basis of substantive law and procedural law.At the same time,the system of leniency for guilty plea also embodies the nature of combination of entity and procedure in value selection.It not only tries to maximize the procedural efficiency on the basis of abiding by the bottom line of entity result justice,but also fully embodies the contemporary penalty view,and reduces the overall social cost and the acceptability of the judgment through the lighter entity judgment,so as to achieve the purpose of special prevention.The further improvement of the system of leniency of punishment for guilty plea cannot be separated from the reference of successful experience outside the region.For example,plea bargaining is an important system that can be referred to.As a kind of procedural system commonly used in countries of common law system,plea bargaining solves substantive problems through different lenient modes on the one hand;On the other hand,according to the nature of the case and the attitude of both parties,the guilty plea can be simplified in the pretrial procedure,the trial procedure and the criminal reconciliation procedure.The guilty plea system of countries outside the region can provide reference for the improvement of our country’s system in the future.As the core content of judicial reform,the system of leniency for guilty plea has developed rapidly in the field of legislation and practice.On the basis of national legislative documents,various local legislative documents have been promulgated and various implementation rules formulated to make the system more practical.With the continuous advancement of practice,in order to accurately apply the system,relevant legal interpretations have been introduced to carry it out.But in these processes,this system also exposed many problems: because of the lack of charge and defense negotiation mechanism,each stage procedure simplification is not in place,the criminal reconciliation system is not perfect,the lack of uniform sentencing standard and so on,resulting in the practice of voluntary guarantee of confession punishment is not sufficient,the criminal reconciliation effect is not satisfactory and so on.By summarizing these problems and analyzing the reasons,the paper puts forward relevant countermeasures.The system of leniency for guilty plea needs to be further reformed and perfected by legislation(including revising laws and issuing judicial interpretations).On the general idea of legislation perfection,the entity leniency path:from setting leniency grade,clear sentencing range,supplement legal provisions and other aspects of perfection;Procedural simplicity: from the charge and defense negotiation,pretrial simplification,criminal reconciliation and other aspects of the perfect.