Study On The System Of Leniency Of Punishment For Pleading Guilty For Minors

The Criminal Procedure Law of 2018 stipulates the applicable conditions and related procedures of the system of leniency for guilty pleas.Among them,Article 174(2),Article 223 and other legal provisions of Criminal Procedure Law relate to the relevant provisions of the system of leniency of punishment for pleading guilty for minors.The issuance of the Guiding Opinions on the Application of the System of leniency in Penalty for Confession(hereinafter referred to as the Guiding Opinions)also further refined the detailed rules on the protection of the rights and procedures of the application of the system for minors.The system of leniency of guilty plea for minors conforms to the concept of parental power and restorative justice,which is a realistic choice in China’s current judicial situation.At the judicial practice level,various places have started to explore the application of leniency of punishment for pleading guilty in juvenile criminal cases,such as the "juvenile Chen theft case" handled by Shanghai Procuratorate in 2017.Compared with the criminal procedure system in the traditional adult context,there are differences in procedural application,functional orientation and criminal policy between juvenile and adult guilty plea cases.In the case of juvenile guilty punishment,the judicial organ should not only pay attention to justice and efficiency,but also focus on how to educate,correct and help to protect the juvenile.In order to balance the relationship between procedural guarantee,education,simplification and speed of procedures,it is necessary to apply the system of leniency of admission of guilt to minors and carry out differentiation construction.This paper is divided into the following four parts.The first part introduces the basic principle of the system of leniency for minors to admit guilt,and expounds the background,connotation,characteristics and basis of the system operation.The characteristics of the system of leniency for pleading guilty for juveniles are embodied in the implementation of juvenile justice,the education of function orientation and the difference of application of procedure.The theoretical basis of the system conforms to the theory of state parental power,embodies the concept of restorative justice and optimizes the allocation of judicial resources.The second part relates to the legislation and judicial status of the system of leniency of guilty plea for minors in China.On the legislative level,it analyzes the current relevant legal provisions.On the current situation of judicature,three typical cases are selected to carry on an in-depth analysis of the current judicial application.Summarizing the experience and enlightenment in the current judicial practice and legislation lays a foundation for the research of the following paper.The third part analyzes the problems existing in the system of leniency of admission of guilt for minors in China.Based on the insufficiency of legislation and judicature present situation,we find the problems existing at present.The leniency in sentencing may lead to the imbalance between crime and punishment,the lack of perfect protection for the rights of juvenile defendants,and the damage to the rights and interests of victims caused by judicial negotiation.In addition,the relevant supporting system is not sound.The fourth part,put forward the consummation suggestion.In the process of judicial application,we should not mechanically apply the relevant provisions of the system of leniency of guilty plea to adults,but should construct it differently according to the characteristics of minors.This paper mainly from the four aspects of designing the level of leniency of sentencing,improving the protection mechanism of the rights of juvenile defendants,balancing the correction of the defendant and the protection of the rights of victims,and connecting with other special systems for minors,to explore a reasonable path to improve the application of leniency of punishment for minors.