Research On The Leniency System Of Pleading Guilty And Punishing Minors In Criminal Cases

At a time when the society pays more and more attention to the growth of minors,the leniency system for minors’ confession and punishment is in line with the background of the times and society,and the concept of criminal policy of Combining Leniency with severity.It can reduce the litigation burden of minors in juvenile cases,protect and educate minors to the greatest extent,and it is also in line with the original design intention of the confession and punishment system to improve litigation efficiency and optimize the allocation of judicial resources,Therefore,we should further promote the improvement of the system of leniency for minors.However,whether it is from the particularity of minors themselves or the current value concept of juvenile criminal justice in China,compared with adults,the application of the leniency system of confession and punishment for minors should be more cautious,comprehensively consider the problems faced by minors in the application of the system,and how to better combine the principle of "maximizing the interests of minors" to solve the corresponding problems.At present,in the application of the system,the practical problems such as the insufficient protection of the rights and interests of minors,the mismatch between the "Leniency" mode and the range,and the dispute over the affidavit need to be solved.Therefore,we should clarify the practical context of the leniency system for minors in the application of guilty plea and punishment,and give the victims the right of objection by strengthening the protection of the rights and interests of minors on the basis of the analysis of the legitimacy and particularity of the system for minors;Standardize the lenient application and improve the pledge system;And improve the social investigation system,give individualized treatment to juveniles,and help minors better apply the leniency system of confession and punishment,so as to promote the further development of the leniency system of confession and punishment and the juvenile criminal justice system.