A Study On The Procedure Of Confession And Defense In Leniency On Admission Of Guilty And Acceptance Of Punishment

To ensure that the defendant pleaded guilty to the voluntary,wise and consistent with the basic facts is a prerequisite for pleading guilty plea,but also the simplification of the bottom line of the proceedings.At present,China is running simple,speed cutting,criminal reconciliation and other defendant plea procedures,the judge pleaded guilty to the defendant's legitimacy review is too simplistic.In this situation,the theory and practice circles are constantly exploring ways to improve the efficiency of litigation,which gives the defendant's rights and interests and confession to the premise of the criminal trial has brought a greater risk.Therefore,it is an important subject to prevent the crime of pleading guilty and to improve the system of pleading guilty and pleading guards.Therefore,it is an important subject to prevent the crime of pleading guilty and to perfect the system of pleading guilty.The defendant pleaded guilty to the defendant,before the formal trial,the defendant,the prosecutor,the defendant and his defense counsel,who had pleaded guilty or pleaded guilty to the court,pleaded guilty by the judge,"voluntary,wise and Plead guilty to the facts " and to make a procedural effect of the results of the review process.The defendant pleaded guilty to the defendant's defense of the lawful rights and interests of the defendant,to promote the case by the neutral judge to facilitate the diversion of the case and to prevent the defendant "confession" illegal procedures caused by repeated procedures such as value.However,the criminal procedure in our country has not established a regular system of guaranteeing the criminal plea and ensuring its legitimacy.The defendant has difficulty in guaranteeing the right of voluntary confession at the stage of investigation,and at the trial stage,Confirmation of the legitimacy of pleading guilty.Which may lead to the defendant was forced to plead guilty,the prosecution and defense of the two sides and the defendant in court to reverse the process caused by repeated questions,prompting our country in the defendant plea before the formal trial of the establishment of an independent plea of legitimacy review process.China's current "perfect plea guilty leniency system" reform,indicates that the future criminal cases will be guilty of whether the defendant pleaded guilty for the case of the distinction between the distinction between the rules,then strengthen the defendant plead guilty of the review will also become a case of diversion The key lies.At the same time,the foreign countries on how to protect the defendant pleaded guilty has been more mature and can learn from the system and experience,which for the establishment of the defendant plea procedures to provide favorable conditions.The construction of the defendant pleaded guilty to the procedure,it should be clear that its nature is a procedural procedure of hearing,and with the principle of minimum impartiality,plea of guilt,procedural legitimacy and procedural independence.In the case of a specific system,the pleading procedure should be applied to all plea cases as a prerequisite procedure for pleading guilty cases.(The power)and the obligations(duties)that the judge,the defendant and his defenders,the prosecutor and the victim shall enjoy in the proceedings.At the same time,to ensure that the defendant plead guilty process can be well run,but also the establishment of the judges special trial system,compulsory defense system and other supporting measures.