On Leniency System of Confession and Punishment in the Perspective of Justice and Efficiency
SONG Bao-lian;LI Yong-hang;
Justice and efficiency are the two most important values of the modern judicial system, and they are also the important criteria for the effectiveness of the operation of a litigation system. From the perspective of substantive justice, the fast-track sentencing procedure indeed simplify the litigation procedure,while increases the risk of wrong prosecution. In the perspective of procedural justice, the litigant in the case of confession and punishment does not obtain effective legal help, and the authenticity, voluntary and rational nature of confession and punishment are not effectively guaranteed. And in the perspective of litigation efficiency, the criminal arbitration procedure greatly improves the litigation efficiency and effectively alleviates the problem of "more cases without enough staff". Leniency system of confession and punishment used in simple procedure cases and ordinary procedure cases does not improve the efficiency of litigation,even makes some process of handling cases more complicated and increases the burden of handling cases for judicial personnel. To solve these problems, we should re-examine the purpose of the lenient system of admission of guilt and punishment, accurately understand its connotation, scientifically design its operation mode, and improve the participation mechanism of lawyers.