Study On Pretrial Detention In Cases Of Pleadingguilty To Punishment

Pleding guilty to punishment as the concrete embodiment of tempering leniency with severityin China’s criminal policy requires that with good attitude to treate with criminal defendants who have confessioned,it is a major reformation made by the Fourth Plenary Session of the 18 th CPC Central Committee.This system has been implemented for eight years from the pilot of the quick judgment procedure in 2014,to the pilot of the pleding guilty to punishment in 2016,then incorporated into criminal procedure law in 2018,to "Guidance on the Application of the leniency system for the admission of guilt and punishment" jointly issued by the two senior departments and the three departments in October 2019.In terms of the scope of application,this system is not limited by the crime and the possible punishment,but runs through the whole process of criminal proceedings.However,for the pretrial detention in litigation,the lenient system of confession of guilt and punishment has no specific normative guidance,this situation caused confusions in application.In order to implement the criminal policy of tempering justice with mercy and judicial humanistic care,improve the efficiency of litigation,optimize the allocation of resources,at the same time highlight the value of pre-trial diversion,repair social relations,and more importantly,to prevent mistrials and perversions of justice,and improve judicial credibility,this paperbased on the empirical analysis of the current situation of pretrial detention in China demonstrates the value orientation that should be followed in the pretrial detention procedure of confession of guilt and punishment,and compared the current research situation at home and abroad,analyzed the existingproblems in the operation of the pretrial detention procedure of confession of guilt and punishment,summarized and extracted the reasons for the problems in the pretrial detention procedureof confession of guilt and punishment,and puted forward suggestions for the improvement of the pretrial detention system of confession of guilt and punishment,which can provide a reference for further understanding and application of the system,so that it can play a greater role in promoting the modernization of the national governance system and governance capacity.