Research On The Leniency System Of Guilty Plea And Punishment In Felony Case

The newly revised criminal procedure law in 2018 clearly stipulates that criminal cases can be handled leniently according to law by pleading guilty and punishing.The leniency system of guilty plea and punishment not only improves the efficiency of handling cases,but also better ensures judicial justice.However,there are some problems in the application of this system,one of which is the low application rate of felony cases.The main reason for this problem is that the application procedure and supporting mechanism of the leniency system of guilty plea and punishment in felony cases are not perfect.In practice,the leniency system of guilty plea and punishment in felony cases not only fails to achieve the preset effect of legislation,but also causes the judicial procedure more cumbersome.Therefore,to promote the better application of the leniency system in felony cases,we must further improve the program design and improve the relevant supporting mechanisms.From the perspective of the application of the leniency system in felony cases,this paper investigates the current situation in felony cases,explores the difficulties in the application and analyzes the causes,then brings up some feasible suggestions for the application of the leniency system in felony cases.This paper mainly discusses from three parts:The first part expounds the basic theory of the application of the leniency system of confession and punishment in felony cases.Firstly,it introduces the different views on the definition of the scope of felony cases,and shows mine position of it;Secondly,the paper discusses the specific connotation of the leniency system of guilty plea and punishment,and defines the basic meaning of "guilty plea","guilty punishment" and"Leniency";Finally,it analyzes the value of applying the leniency system of confession and punishment in felony cases from different angles.The second part discusses the practical dilemma of the leniency system of guilty plea and punishment in felony cases.The application procedure of the leniency system of guilty plea and punishment in the application of felony cases is imperfect,the leniency range is lack of specific standards,and the protection of the interests of the victims and the rights of the accused is insufficient,which affects the application effect of the leniency system of guilty plea and punishment.The third part explores the perfect path of the application of the leniency system of guilty plea and punishment in felony cases.In order to improve the application effect of the leniency system of confession and punishment in felony cases,it is necessary to reasonably construct the application procedure,clarify the leniency range of sentencing,and take a variety of ways to effectively protect the interests of the victims and the rights of the accused from the perspectives of power control and right protection.