Research On The Issue Of Remorse Of Persons Being Prosecuted In The Implementation Of The Plea Leniency System

Since 2014,in order to save judicial costs and improve litigation efficiency on the basis of pursuing fairness,China has carried out practical exploration of expedited criminal procedures in some areas,and two years later,the reform of the plea leniency system began to be piloted,the content of the reform is that if the prosecuted person can voluntarily and truthfully confess,and has no objection to the alleged criminal facts,and agrees with the sentencing recommendation of the public prosecution organ,it can be treated leniently.In the pilot areas,these two reforms have been combined,intertwined and integrated,which not only reflects the implementation of the criminal justice policy of blending leniency and severity,but also helps to rationally allocate judicial resources and improve the quality and efficiency of criminal case handling.By the time of the amendment of the Criminal Procedure Law in October 2018,the two were incorporated into law at the same time,and the leniency of admitting guilt and accepting punishment was determined in the form of basic principles,and the Criminal Procedure Law also stipulated specific procedural rules for leniency in criminal cases,and the system began to be formally implemented nationwide.However,since the leniency system for admitting guilt and accepting punishment began to operate in China,the problem of remorse after the person being prosecuted admits guilt and accepts punishment has emerged in judicial practice.As for the handling of the issue of "remorse" of the person being prosecuted,only the relevant provisions on the conversion of procedural procedures in China’s Criminal Procedure Law can be applied,and in practice,the prosecuting organs operate in accordance with the relevant judicial interpretations.It is worth noting that due to the gap in legislation and the lack of operability of judicial interpretations,in practice,in plea leniency cases,the parties’ expectations of remorse are unclear and they bear adverse risks,some want to repent and dare not repent,some abuse the right of appeal under the pretext of repentance,seriously waste judicial resources,and the concerns and concerns of the prosecuted persons also lead to the impact of the function of the system to a certain extent.In the course of the implementation of the plea leniency system,how to fairly and objectively evaluate and deal with the issue of the person’s remorse of the person being prosecuted has become a topic of great concern in legal theory and practice circles.This paper starts from the overview of leniency in admitting guilt and accepting punishment and the right of remorse of the person being prosecuted,and through literature research,strives to accurately define the criteria for admitting guilt,the conditions for accepting punishment and the application of leniency,further leads to the connotation interpretation of the remorse of the person being prosecuted,demonstrates the legal basis for the existence of the right of repentance of the person being prosecuted,and puts forward the view of the value orientation of attaching equal importance to the truth of the substance and the efficiency of litigation,and the parallel protection of rights and the regulation of rights,so as to provide a theoretical basis and design framework for the construction of subsequent systems.Secondly,using the method of case analysis,the main types of remorse of the prosecuted person in judicial practice are summarized,and the problems existing in the phenomenon of the reclaim of the prosecuted person and their causes are analyzed.On this basis,the operation mechanism of the right of remorse of the person subject to prosecution outside the territory is examined,and the method of comparative research is used to provide useful experience and reference ideas for the improvement of China’s plea leniency system.Finally,the idea of system construction with the legislative establishment of the right of remorse of the respondent as the core is proposed,and the measures for improving legislation,judicial safeguards and related systems are demonstrated.