Research On Incentive Mechanism Of Guilty

Confession incentive mechanism is a system settings that the defendant is motivated to acknowledge or approval voluntarily the criminal charges mentioned by accused authorities through giving the defendant some corresponding benefits. In the background of constructing the harmonious society, exploring and encouraging the active confession mechanism has a clear legal and social effect, which not only enhances the procedure justice and avoids the case dragged on, and can help to alleviate the contradiction between resources and needs with realizing the maximization of lawsuit benefit. In our country, non-litigation culture tradition, modern defence and agent system, which provide a foundation in the terms of legal culture and system setting to the introduction of confession incentive mechanism while also furnishing new ideas to solve the not guilty phenomenon of suspects with negative attitude.There are many problems in our current incentive mechanism. Such as lacking of the unified evaluation standard, trust crisis between Judicial offices and defendants, lacking interests leads to the defendants choosing plead not guilty and so on. Facing these problems, we should reconstruct China’s confession incentive mechanism. It includes the applicable condition, the applicable scope, the motivational content, incentive range, specific process and impeachment mechanism and so on.