Research On The Application Of The Leniency System Based On Pleading Guilty And Accepting Punishment In Felony Cases

As the deep water area of the reform of the leniency system based on pleading guilty and accepting punishment,and felony case is the key to perfect the system design and give full play to the system effectiveness.There exists a conflict between the deliberative judicatory spirit contained in the leniency system based on pleading guilty and accepting punishment and the principle of substantive realism in our country,which is more and more heated in felony cases.The existing system framework is built on the basis of misdemeanor cases and lacks pertinence,leading to the application effect of the leniency system based on pleading guilty and accepting punishment in felony cases is not ideal.Therefore,how to further promote the effective application of leniency system based on pleading guilty and accepting punishment in felony cases has become an urgent topic of in-depth research.The criterion for the classification of serious crimes is the prerequisite for studying the application of the leniency system based on pleading guilty and accepting punishment in felony cases.Felony refers to serious crimes.By calculating the proportion of 933 crimes stipulated in the Criminal Code divided into serious crimes under different standards,it can be clarified that the maximum legal punishment of 5 years is the most appropriate classification standard.Therefore,the leniency system based on pleading guilty and accepting punishment in felony cases means that in the case with the maximum legal penalty of 5 years or more,the person prosecuted can be given leniency for truthfully confessing the crime,admitting the crime facts charged,accepting the penalty suggestion of the procurator and showing repentance.The justification basis of applying leniency system to felony case can be divided into two levels: theoretical basis and practical basis.Litigation economic theory,restorative justice theory and litigation democracy theory can provide theoretical basis for it.From the practical level,the existing legal provisions and judicial interpretation do not prohibit the application of leniency system based on pleading guilty and accepting punishment in felony cases.The existing experience at home and abroad also provides a variety of examples for the effective application of leniency system based on pleading guilty and accepting punishment in the field of felony,and it is also the demand of practice.Through the analysis of 267 judgment documents in B City,the current situation of applying the leniency system based on pleading guilty and accepting punishment in felony cases in our country is summarized.It can be found that the following problems are mainly exposed in the process of applying the leniency system based on pleading guilty and accepting punishment in felony cases: Influenced by the traditional idea of fighting crime,the procurators have little enthusiasm in applying the leniency system based on pleading guilty and accepting punishment in felony cases;The range of sentencing recommendations in felony cases is too large,which weakens the incentive effect for the accused;the victim’s interests in felony cases are ignored,which may cause the victim’s dissatisfaction or even private retaliation.;the voluntariness of the accused’s confession in felony cases cannot be fully guaranteed,because the position of the prosecuting and defending parties is in serious inequality,and on duty lawyer system is difficult to adapt to the needs of felony cases.Besides,the defense lawyers also find it difficult to fully play their role in the process of pleading guilty and accepting punishment,and the accused often sign a plea agreement without understanding the evidence held by the prosecution.The plea bargaining system of felony cases in the United States pays attention to the protection of victims,and at the same time takes a number of measures to prevent the phenomenon of forced confession,and gives relief to the innocent people who are forced to confess,which can provide references for deepening the leniency system based on pleading guilty and accepting punishment.The leniency system based on pleading guilty and accepting punishment can be improved from the following aspects:First,improve the effectiveness of applying the leniency system based on pleading guilty and accepting punishment in felony cases.In the case that the supporting system is not perfect,it is necessary to clarify the misunderstanding of the high fitness rate,and make it clear that the high fitness rate is not equal to effective application.We should promote the application of the system in the field of felonies in stages and levels,mobilize the enthusiasm of procurator in the application of the system,and at the same time limit the power of procurator in promoting the application of the leniency system based on pleading guilty and accepting punishment in felony cases;Second,improve the precision of sentencing recommendations for felony cases.To improve the sentencing guidelines for felony cases,expand felony charges,refine the sentencing standards for felony cases,improve the sentencing level of prosecutors,and establish the death penalty case guidance system;Third,protect the litigation rights of the victim in felony cases.Protect the victim’s right to know,to get legal help and to make suggestions on sentencing,and build channels for the victim to participate in consultation;Fourthly,guarantee the voluntariness of the accused’s confession in felony cases.The government should promote legal aid defense to fully cover the examination and prosecution stage,increase funds for legal aid defense lawyers,improve the system of evidence discovery in felony cases,and make specific provisions on the subject,scope,method and time of evidence discovery.