The Differentiation and Integration of the Interpretation of the leniency Principle for Confession and Punishment
As an important part of China's criminal procedure reform,the leniency system for confession and punish-ment has profoundly influenced the development of China's litigation structure model centered on the doctrine of function and power since its birth.In current judicial practice,the interpretation of the leniency principle for con-fession and punishment is more inclined to characterize it as a judicial system that covers various specific systems in the criminal procedure law and the criminal law,rather than the basic principles expressly stipulated in the criminal procedure law.The three organs of the public security bureau,the procuratorate and the court have their own un-derstandings of it while investigation organs,procuratorial organs and judicial organs basically make a single inter-pretation of this principle with their own characteristics from their own perspectives,which makes the leniency prin-ciple for confession and punishment that should run through the whole process of criminal proceedings present a state of phased disconnection in interpretation.The formation of cognitive biases on the leniency principle for con-fession and punishment at each stage of litigation is inseparable from the dual impact of the litigation effect of the stage theory in our country and the ambiguous power structure of criminal prosecution.In order to break the cogni-tive barriers to the phased interpretation of the leniency principle for confession and punishment,we should opti-mize the existing litigation procedures,distinguish the key review objects,and promote the precision of sentencing recommendations,so as to break the current situation of the phased separation caused by the phased interpretation in judicial practice and maximize the advantages of the leniency principle for confession and punishment to promote its benign development.
leniency system for confession and punishmentprosecution and defense negotiationdifferentiated in-tegrationcriminal prosecution
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