Study On The System Of Leniency For Confession In The Investigation Stage

The leniency system of guilty plea has been clearly applied to the whole process of criminal proceedings.Most of the researches on the application of the investigation stage focus on the theoretical level,and few of them analyze the application of the system from the practical point of view.Based on the task of collecting evidence and finding out the truth,the reasonable and effective application of leniency system can improve the efficiency of obtaining evidence.In addition,the voluntary protection of guilty admission and the application of leniency system can realize the goal of human rights protection.Taking the public security organ as the main body,perfecting the application of the system in the stage of investigation is of great significance for assisting the collection of evidence and improving the efficiency of handling criminal cases.Therefore,it is necessary to generalize the emphases of the application of leniency system of guilty plea from the basic concept.Using comparative methods to learn from the implementation experience of similar systems in other countries;Taking the problem as the guidance,this paper probes into the predicament that the system is applicable in the investigation stage.With efficiency as the goal,promote the application of the system in the stage of investigation.This paper is divided into four parts:The first part,the public security organs applicable to the leniency system related overview.According to the characteristics of public security organs’ working tasks,rights and responsibilities and litigation status,this paper analyzes the leniency system of guilty plea and grasses its unique connotation in the investigation stage.The key to the application of the system in the stage of investigation lies in confession.The connotation,voluntariness and validity of confession in the investigation stage are defined in concept.In addition,combining with the characteristics of the investigation stage,it analyzes the legitimacy of the public security organs to apply the leniency system of guilty plea.The second part is the investigation of criminal judicial transactions.It is to study the functions and powers of police organs in three countries under different legal systems and different police-prosecution relationships.This paper mainly introduces the trading system of investigation and investigation in the United States,the trading system of criminal police in France and the trading system of "cooperative investigation" in Japan.This paper analyzes the functions of the above three national police organs in criminal justice transactions and summarizes the enlightenment of the application of leniency system of guilty plea to public security organs in China.The third part analyzes the dilemma existing in the application of leniency system of guilty plea by public security organs in China.Starting from the low enthusiasm of the public security organs to apply the system,this paper analyzes the specific situation of the system,and summarizes the plight of the public security organs not daring to use it,unwilling to use it,not good at using it.Specific include:unclear rights and responsibilities caused by dare not use;Unwillingness to use it due to increased investigation workload;As well as due to the criminal suspect after the confession of the procedure is not smooth,such as the application rate of non-custody compulsory measures is low,the recommendation range of leniency after confession is not clear,resulting in poor use.The above difficulties and pain points are analyzed,and the practical problems encountered in the process of system application are put forward with the public security organs as the main body.The fourth part,improve the investigation stage to apply the leniency system of guilty plea.Based on the above analysis,suggestions are put forward to improve the practical difficulties existing in the application of the system.The solutions are one by one corresponding to the above dilemmas,including clarifying the main position of the public security organs in the process of confession negotiation,entrusting the public security organs with the right to evaluate the performance of the criminal suspects’ confession;Explore the simplification of procedures from multiple angles to relieve the pressure of public security organs to handle cases;Change the idea of antagonistic investigation,improve the enthusiasm of public security organs;In addition,the application rate of non-custody compulsory measures will be improved by combining the performance of criminal suspects’ confession with the application of compulsory measures.Refine the evaluation level standard of guilty plea in the investigation stage and encourage criminal suspects to confess as soon as possible.