A Minor Criminal Case In Which The Defendant Pleaded Guilty Study On The Application Of Non-penalty Punishment

A minor criminal case is a criminal case in which the circumstances of the crime are minor,the facts of the case are relatively clear and the social harmfulness is not great.Such cases are generally prosecuted by the prosecuting authorities on behalf of the state,but do not preclude direct access to the courts by victims and their legal representatives.This article only studies the prosecution by the prosecution of that part of the case.With the development of the system of granting leniency to those who confess their crimes,a new door has been opened for the judiciary to handle minor criminal cases,it is not in line with the concept of harmonious judicature and the general trend of improving judicial efficiency and saving judicial cost.As a result,we try non-criminal punishment for the minor criminal cases that admit guilt or punishment,and even create a set of non-criminal punishment measures suitable for the minor criminal cases.This way can not only fill the gaps in the judicial punishment system,improve the criminal law system,but also help to protect human rights,achieve fairness and justice,so as to resolve social contradictions and achieve social harmony.This article is based on China’s national conditions and the specific situation of judicial practice,with reference to China’s judiciary work report and criminal case data of a city in Heilongjiang,through the value analysis method,comparative analysis method research,study of China’s minor criminal cases of non-penalty penalty measures.The text discusses the non-penalty punishment measures from four aspects in light criminal cases in our country.The first part is the general theory of the non-penalty punishment mechanism of the minor criminal case.The first is the definition of the minor criminal case,because the theoretical circle has different opinions on the classification of the minor criminal case,there are one-year theory,three-year theory and five-year theory.Based on the judicial practice,this thesis adopts the theory of "one-year theory" in the definition of minor criminal cases,the third is to explain the applicable conditions of the non-penalty punishment in this thesis,this thesis is to study the non-penalty punishment in a narrow sense.The second part is to study the applicable conditions and scope of non-penalty punishment in minor criminal cases.According to the provisions of the criminal law and the criminal procedure,the applicable subjects are the people’s procuratorates and the People’s Court,and a brief discussion is made on why the people’s procuratorates are the applicable subjects,a brief explanation of why the People’s public security is not the main body of application.Then on the statutory non-criminal punishment conditions for classification study: the first category of minor crime;the second category does not need to impose a penalty.The first category is defined as follows : the minor crime includes conviction and sentencing circumstances,conviction circumstances as the circumstances of the crime,is the premise of this study;For the second category: no penalty mainly includes pre-crime and post-crime circumstances,this article only studies the post-crime consideration,after-crime circumstances pleaded guilty to the circumstances.Therefore,the applicable conditions and scope of non-penalty punishment in this thesis are limited to minor criminal cases.The third part of the study has three focuses: first,to clarify the prosecution of minor criminal cases pleaded guilty to the application of non-criminal penalties on the entire judicial system,the value of the judicial environment;The second is to clarify the inherent logic of guilty plea and non-penalty punishment,that is,the procuratorial organs promote guilty plea system and explore and improve minor criminal cases of non-penalty penalty new model,new measures;The third part sums up the predicament,reasons and countermeasures of non-penalty punishment of the procuratorial organ after the relative non-prosecution.The fourth part is to sum up the situation that the judicial organs apply the penalty of confession to crime but not criminal punishment;the other is to analyze the intrinsic value of applying non-criminal punishment to the judicial organs Third,it analyses the reason why the ratio of conviction and exemption is relatively low for the minor criminal cases in which the judicial organs plead guilty and admit punishment.