Research on the Application of the Leniency System for Admitting Guilt and Accepting Punishment and Criminal Reconciliation

DOI: https://doi.org/10.62517/jel.202614423

Author(s)

Wenhao Li*

Affiliation(s)

School of Law, Yangtze University, Jingzhou, Hubei, China *Corresponding Author

Abstract

By comparing the similarities and differences between the leniency system for admitting guilt and accepting punishment and the criminal reconciliation procedure, this paper analyzes the differences in their practical application and their institutional defects, and explores the pathways for the coordination and improvement of the two systems. Methodologically, it adopts normative analysis and comparative research, and, in combination with the case-handling data published by the Supreme People's Procuratorate and the current legal provisions, systematically compares the applicable prerequisites, scope, effects, and defects of the two systems. The two systems are consistent in requiring criminal suspects to "admit guilt and repent," in running through the entire criminal procedure, and in improving judicial efficiency; however, they differ significantly in the subjects protected, the scope of applicable cases, and the predictability of the outcomes of leniency. The application rate of the criminal reconciliation procedure is far lower than that of the leniency system for admitting guilt and accepting punishment, mainly because of the narrow scope of its application, the difficulty of reaching reconciliation, and the pressure of public opinion arising from the suspicion of "buying punishment with money." Finally, the paper clarifies that the two systems should "seek common ground while reserving differences," complementing rather than substituting for each other, so as to construct a new order of criminal procedure centered on the leniency system for admitting guilt and accepting punishment, with criminal reconciliation as a supplement.

Keywords

Leniency for Admitting Guilt and Accepting Punishment; Criminal Reconciliation; Victims' Rights; Sentencing Recommendations; Procedural Connection

References

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