On the Certainty of Leniency in the System of Pleading Guilty and Accepting Punishment——From the Perspective of Subjective and Objective Stratification Theory
In the system of pleading guilty and accepting punishment,there are some special characteristics of"leniency results","leniency factors"and"subject of leniency evaluation".Due to those characteristics,the"certainty"of"leniency"needs special attention and clarification.From the perspective of the legal text,"leniency"result is uncer-tain.And theoretical interpretations of the legal text are diverse.From the perspective of subjective and objective strati-fication theory,in other words,on the basis of the distinction between the subjective respect(evaluation)and the ob-jective respect(results),the result of pleading guilty and accepting punishment"should be lenient"on the subjective respect of certainty,only it may show a"may not be lenient"appearance on the objective respect of certainty.The pro-visions that it"may"be lenient in pleading guilty and accepting punishment system should be understood and applied in accordance with the above theoretical logic that"the subjective respect should be lenient,and the objective respect may not be lenient",rather than simply understood in the logic that it"may be lenient,or may not be lenient".
pleading guilty and accepting punishmentleniencysubjective leniencyobjective leniency
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