Study On The Application Of Leniency System In Guilty Plea

Under the promotion of the criminal policy of tempering justice with mercy,the system of guilty plea and punishment lands smoothly in the Criminal Procedure Law.The establishment of this system has great significance to efficiently punish crime,optimize judicial resources and perfect the legal system of our country.However,the specific practice of the judiciary makes the system may exist loopholes and blank and human interference factors and other problems exposed,and has not been solved.In the application stage and subject,because the system of guilty plea and punishment is mainly put forward by procuratorial organs,the public security organs pay insufficient attention to it,and there are some problems,such as non-standard performance of duties and deviation of focus of investigation.Judicial organs have limited discretion in this regard,and obstacles such as unclear voluntary examination of the defendant appear,making it difficult to exert the effectiveness of the trial.The procuratorial organ also has defects in the way of putting forward the sentencing suggestion and the negotiation procedure,which leads to the authenticity of the criminal suspect’s confession and punishment,and ignores the legitimate rights and interests of the victim,which makes the procedural value and advantages in the examination stage cannot be correctly reflected.Based on this,this paper intends to adopt literature analysis and comparative research method,with the judicial application of the leniency system of guilty plea as the theme,which is divided into five parts for analysis and research,namely introduction,overview of the leniency system of guilty plea,application of the leniency system of guilty plea,enlightenment of similar systems abroad and suggestions and measures to improve the leniency system of guilty plea.The key is to find out the problems existing in the judicial application of the leniency system of guilty plea and put forward the corresponding solutions,hoping to benefit the judicial practice and promote the long-term development of the leniency system of guilty plea.In the first part of the introduction,a brief introduction of the topic background,research significance,research status at home and abroad,and a general description of the research methods and research content of the innovation.The second part is an overview of the leniency system.First of all,in the two three issued "Guidance on the application of leniency system of guilty plea"(hereinafter referred to as "Guidance"),on the basis of the connotation of "guilty plea","punishment" and "leniency" interpretation,clear at this stage how to accurately grasp the identification of the above three circumstances;Secondly,according to the important time nodes and signs of the leniency system from the proposal,establishment to the development so as to ensure the integrity of the content of the article.The third part mainly analyzes the three problems in the judicial application of the leniency system of guilty plea.First,the system of guilty plea has not been paid attention to effectively in the investigation stage,including the investigators’ performance of statutory duties is not standardized,the focus of investigation is too focused on the confession of criminal suspects,the role of lawyers in the investigation stage is limited and the procuratorial organ has not conducted effective supervision in time;Second,the improper application of the system of guilty plea in the prosecution stage is examined,including too simple negotiation contents and procedures between the prosecution and defense parties,questionable authenticity of criminal suspects’ guilty plea,and easy neglect of the rights and interests of the victim;Third,the application of the system of guilty plea at the trial stage is limited,including the court’s discretion and voluntary examination of the defendant in the trial.The fourth part introduces the similar system abroad.By comparing the merits and demerits of America’s plea bargain system and Germany’s criminal negotiation system,this paper summarizes the experience of solving the existing problems in our current guilty plea system.The fifth part mainly aims at the problems existing in the third part and combines with the experience revelation of the fourth part to put forward the solutions.Specifically,it includes three aspects.First,to promote and refine the applicable provisions of the system of guilty plea in the investigation stage,so as to urge investigators to correctly perform their statutory duties,adhere to the unity of proof standards in criminal cases,and enhance the participation of lawyers at this stage and strengthen the legal supervision of procuratorial organs on guilty plea cases;Second,the implementation of the application of the system of guilty plea and punishment in the examination and prosecution stage requires that the prosecution and defense consultation mechanism should be improved,the management system of duty lawyers should be strengthened,and the victim’s reasonable appeals should be heard to ensure the possibility of legal realization of their rights;Third,strengthen the means of application of the system of guilty plea and punishment at the trial stage,put forward to keep up with the "victim perspective" review mechanism,and establish a "gradient adoption" sentencing suggestion judgment mode.