Application of leniency system for minors to plead guilty and accept punishment:foundation,confusion and direction——Comments on the relevant provisions of the"Law on the Protection of Minors"
With the development of the times,the criminal policy of combining leniency with severity has been embodied in the leniency system for pleading guilty and accepting punishment in the legislative evolution.As the main target of this policy,the application of leniency system for minors to plead guilty and accept punishment has the legitimacy basis of value consensus,conceptual resonance and realistic resonance.Due to the special identity,status and treatment of minors in criminal legislation,there are increased risks such as damage to the"real inten-tion"of their confession,failure of"identity"in accepting punishment and imbalance in the"range"of leniency when they plead guilty and accept punishment.Therefore,in judicial practice,we should strictly follow the re-quirements of the principle of what is most beneficial to minors,the principle of two-way protection and the prin-ciple of individualized treatment,comprehensively protect the rights of minors being prosecuted and victims.and accurately grasp the substantive leniency and procedural simplicity,so as to better implement the criminal justice policy of combining leniency with severity,and promote the individualization,standardization and professionaliza-tion of"lenient"treatment for minors who plead guilty and accept punishment.
minorsleniency system for pleading guilty and accepting punishmentprotection of rights and inter-ests of victimsindividualized treatment
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