Research on the Path of Substantive Application of the Plea Leniency System

Dan JIN

Abstract


The plea leniency system reflects the thought of “harmony” in Chinese culture. Since its full implementation in 2019, the system has played a positive role in improving litigation efficiency and saving judicial resources. In order to further strengthen the effective diversion of cases and explore the introduction of the plea leniency system at the investigation stage at the source of cases, Inspection authority should intervene in the investigation cases in advance, and consider making a relatively non-prosecution decision for light cases where the perpetrators voluntarily plead guilty and obtain the understanding of the victims; for light cases without the victim’s understanding, Inspection authority puts forward a definitive sentencing proposal, which is confirmed by the court. The introduction of the plea leniency system in investigation stage is conducive to saving judicial resources to the maximum extent and realizing justice value. In exploring the path of introducing the l the plea leniency system in the investigation stage, it is necessary to strengthen the participation of lawyers in the investigation stage, explore and put forward certain sentencing suggestions, strengthen the judicial review of Inspection authority in advance intervention, and explore the realization of the court’s confirmation effect of the confession statement at the legislative level.


Keywords


Plea leniency; Relative To non-prosecution; Certainty Of sentencing

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References


Jia, Y., Wang, M. Y., & Han, Z. (2021). Three people talk about “Implementing Less Arrest and Careful Prosecution and Careful Detention to Promote Social Governance.” Inspection Daily, (06).

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DOI: http://dx.doi.org/10.3968/13220

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