| Since 2014,the plea leniency system has been implemented on a pilot basis in some parts of China to the nationwide promotion of the plea leniency system,and the law has not made exceptions to the scope and field of application of the plea leniency system,the law has not made any exceptions to the scope and fields of application of the leniency system for guilty pleas and punishments.When the leniency system for admitting guilt and accepting punishment is used to deal with criminal cases,the primary value of general cases is to save judicial resources and improve the efficiency of handling cases.The importance of efficiency value should be weakened in the process of dealing with serious crimes,no matter whether the accused denies guilt and accepts punishment,when dealing with serious crimes,they should take the investigation of the facts of the case as the code of conduct,and crack down on criminals,pursue the legal effect and social effect as the unification.The primary value pursuit.Based on the current legal provisions,guided by judicial practice and legal theory,this paper will deeply study the current dilemma in the application of serious criminal project.The first thing to solve in the study of serious crime cases is the definition of felony.At present,my country’s criminal law has not given an exact answer.The division needs to consider not only the statutory sentence,but also the nature of the crime,and at the same time,the criminal policy of each period should be considered.At the same time,implementing the leniency system of confessing guilt and accepting punishment in serious crime cases is a judicial practice of implementing the criminal policy of combining leniency with strictness,which is helpful for timely ascertaining the facts of the case,resolving social conflicts and maintaining social stability.In recent years,in criminal cases,the proportion of cases in which the leniency system applies to defendants who may be convicted of serious crimes has increased significantly,and various problems have gradually been exposed.First,the participation of duty lawyers in cases that may impose severe sentences on the accused is low,the duty lawyer system is not perfect,the scope of duties and rights is too narrow,and the legal assistance provided is not practical and effective.In legal practice,duty lawyers can easily be transformed into witnesses of procedural legitimacy.Secondly,the rapid conclusion of cases has always been the primary goal of the leniency system for pleas and punishments.The victim protection mechanism is not perfect,and the case-handling agencies often require the case to be concluded as soon as possible,without paying attention to victim’s attitude,and the maintenance of the legitimate rights of victims in serious crime cases is not in place.Finally,the existing standards of proof do not match the specific content of the guilty plea and acceptance of punishment,and the most effective response cannot be made in the face of the practical dilemma of "many cases and few cases".Judging from the current judicial practice,there is a possibility that the standard of proof may be lowered It is imminent to build a new certification standard system.The first is to increase the participation of duty lawyers in felony cases,to resolve the identity of duty lawyers,to allow legal aid providers in felony cases to become defense lawyers in plea cases,and to expand the litigation rights of duty lawyers.Secondly,it is necessary to strengthen the maintenance of the legitimate rights of victims in serious crime cases,clarify the primacy of fair value in serious crime cases,attach importance to the expression of the victim’s opinions,ensure the victim’s participation in the whole process,and strengthen the victim’s influence on sentencing.Finally,a new three-dimensional proof standard system is constructed,and the statutory proof standard beyond reasonable doubt must be applied to the determination of the voluntariness of the accused. |
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