Study On The Application Of Leniency System Of Guilty Plea In Joint Crime Cases

Since the leniency system for guilty pleas and punishment was formally established in the Criminal Procedure Law in 2018,after several years of practice and improvement,the application rate has been greatly improved,showing the extraordinary vitality of the system.However,due to the lack of research on the application of the leniency system for guilty pleas and punishment in joint crime cases,many problems have arisen in practice.In order to effectively solve the problem of the application of the leniency system in the context of joint crime,it is necessary to analyze the theoretical and practical difficulties of the leniency system under joint crime,and propose corresponding solutions.By studying the literature related to the leniency system for guilty pleas and accepting punishment,this paper conducts empirical analysis based on case data,and demonstrates the basic theory,particularity,practical problems and improvement scheme of the application of the leniency system for guilty pleas and punishment in joint crime cases.The text of the article is divided into five parts: the first part is the basic theory of the application of the leniency system for guilty pleas and punishment in joint crime cases.The legitimacy and feasibility of applying the plea leniency system for joint crimes are demonstrated separately,so as to guide the logical context of the application analysis of the leniency system for joint crimes.The second part is the particularity of the system of leniency in confessing guilt and accepting punishment in cases of joint crime.The analysis of the distinction between "confession" and "punishment" and the balance of sentencing of accomplices in the application of lenient pleas and punishment in joint crime cases highlights the different characteristics of the system application of joint crimes compared with individual crimes.The third part is an investigation of the current application of the leniency system for guilty pleas and punishment in joint crime cases,based on case data,empirical analysis of the application of the plea system in joint crime cases from three aspects: trial mode selection,protection of the rights of the prosecuted person,and sentencing recommendations,and grasp the current judicial practice of applying leniency in plea and punishment in joint crime cases.Based on the empirical analysis results of Part III,Part IV discusses the existing problems and causes of the application of the lenient system of guilty plea and punishment in joint crime cases.Problem-oriented,it is convenient to seek a perfect path for applying the plea and leniency system to joint crime cases.The fifth part is the path for the application and improvement of the leniency system for confessing guilt and accepting punishment in cases of joint crime.First of all,it is clarified that the application of leniency in plea and punishment in joint crime cases should still be centered on trial,and judicial organs should correctly measure the balance between fairness and efficiency in the application process.Then put forward specific suggestions for improving the relevant systems for standardizing the trial of separate cases,and the safeguard mechanism for the balanced sentencing of accomplices.