Research On Criminal Policy Of "Prudent Prosecution" In The Context Of Leniency In Pleading Guilty And Accepting Punishment

With the implementation of the leniency system for confession and punishment,China’s court trial procedures have been significantly simplified through expedited and summary procedures,and the efficiency of court trials has been significantly improved.However,there is another issue that cannot be ignored,which is that in the context of a significant increase in the number of cases of pleading guilty and punishment,a large number of cases of misdemeanor pleading guilty and punishment have entered the court for trial.After rapid trial through the expedited procedure,the results of the cases are basically handled according to the sentencing recommendations of the procuratorial organs,resulting in a significant waste of judicial resources.Moreover,both prosecutors and judges have undergone post system reforms,resulting in a decrease in the number of personnel handling cases,an increasingly perfect social rule of law system,and an increasing number of misdemeanor cases.The judiciary is facing abnormally high pressure on cases.In this environment,the traditional case handling concept of "prosecution after arrest" in China is no longer suitable for the current situation.In order to adapt to the significant changes in the structure of criminal crimes in China,in April 2021,the Central Commission for the Comprehensive Rule of Law included "adhering to the policy of" less arrest,cautious prosecution,and cautious detention in criminal justice,and promoting the application of non custodial compulsory measures in accordance with the law"as the key points of work for 2021,This indicates that "less arrest,more prosecution,more detention" is no longer just a criminal justice concept,but has begun to shift towards criminal justice policies.This policy provides a new approach to solving the current problem of more cases and fewer people in China,in addition to the system of confession and punishment.However,due to China’s cautious attitude towards the exercise of the discretionary power of procuratorial organs to refrain from prosecution throughout history,there are still numerous obstacles to the implementation of the "cautious prosecution" policy.This article will analyze the implementation of the "cautious prosecution" policy and propose corresponding countermeasures to achieve the goal of optimizing the allocation of judicial resources and improving litigation efficiency.The general narrative idea of this article is as follows: Firstly,the "cautious prosecution" policy under the context of lenient confession and punishment is interpreted.It is pointed out that the "cautious prosecution" policy under the lenient confession and punishment system was born in the era of significant changes in China’s criminal structure.At the same time,the connotation of "cautious prosecution" is discussed in detail,and the relationship between "cautious prosecution" and various types of non prosecution systems is analyzed,Thus identifying the key points in implementing the "cautious prosecution" policy.Secondly,it analyzes the value of implementing the policy of "cautious prosecution" in the context of leniency in pleading guilty and punishment.Specifically,it has the value functions of promoting the procuratorial organs to exercise the discretion of non prosecution,improving the enthusiasm of suspect to plead guilty and punishment,and strengthening the implementation of the criminal policy of tempering justice with mercy,so as to clarify the necessity of implementing the policy of "cautious prosecution".Once again,through the analysis of relevant data and cases in judicial practice,it was found that the implementation of the "cautious prosecution" policy has a clear tendency for prosecutors to pursue prosecution,unclear application conditions for discretionary non prosecution,and limited connection with the confession and punishment system.Finally,in response to these issues,some ideas for implementing the "cautious prosecution" policy are proposed to promote the implementation of the "cautious prosecution" policy in the context of confession and punishment.