"Less than the case" has become a major problem in the judicial review of the NPC Standing Committee yesterday, the Supreme People’s Procuratorate, the Supreme People’s court for the "on the authorization to carry out criminal cases in some areas of the pilot work that confession system decision draft" lenient punishment, criminal cases guilty penalty leniency system in Beijing and Shanghai to 18 city pilot, pilot for a period of two years. According to reports, the 18 cities is also a criminal case of the city of the pilot program. In June 2014, the NPC Standing Committee authorized to carry out the pilot program in criminal cases speed cut in some areas, the pilot period is two years, has expired. The reform of the system into the legal track, is a major breakthrough in the case of criminal trial procedure. After the expiry of the validity of the pilot work has been summarized, but also has been upgraded. The president of the Supreme Court in Zhou Qiang described as a draft that the experience of two years of the pilot reform shows that the speed cutting procedures in line with the development law of judicial practice and criminal litigation system in our country, "it can be incorporated into the guilty penalty leniency system, continue to carry out a pilot in Beijing city in 18, to perfect the legislation of criminal procedure, to establish the trial as the center of the criminal litigation system, provide more copy can be extended experience." It is not difficult to see that, as in criminal cases speed cutting program upgrade, pleaded guilty to recognize punishment leniency system has been placed more expectations. Quick cut "more emphasis on judicial efficiency, and" lenient "focus more on the defendant’s right to protect. "Fast" is not a purpose, just "lenient" fallout. From the legal nature, the criminal guilty penalty leniency system is more in line with the connotation of judicial civilization "in criminal cases speed cutting program. That the defendant pleaded guilty to lenient penalty, there is one important practical significance. With the advancement of the construction of the rule of law, the spread of judicial cases will gradually spread to the modern judicial concept. Now many ordinary people also know clearly that "frankly leniency can resist, not strictly". In recent years, worked as a police interrogation room of the "standard" slogan, "frank, resist strict", has been gradually fading out. "Frank, sit in the prison; refuse to go home," and so on the piece, but was repeatedly in the field of public opinion on public ridicule and irony. When not confess leniently, the suspect and the defendant will choose frankly power dropped. This actually makes the frankly system into a paradox — the need to borrow to confess lenient, but do not want to be honest because strictly, so, later chose to resist braving the risk, do not want to choose cooperation. The lack of judicial cooperation, can only enter the ordinary judicial procedure, from filing to the investigation, from the prosecution to the trial, this is a long process, all legal procedures should be in accordance with the law and order, it is a great challenge to the judicial efficiency, also let the judiciary be troubled years of "less than the case" more and more outstanding. Effective regulation of the case more than a few people, the contradiction, sparse litigation (case diversion) is a very important institutional choice. It is not necessary for every criminal case to be convicted and punished by ordinary procedure. The criminal suspect or defendant voluntarily truthfully confessed his crime, the accused of a crime that no objection to the people’s Procuratorate, sentencing recommendations and signed the declaration of the case, can according to leniency.相关的主题文章: