On The Voluntary Of Guilty Plea And Acceptance Of Penalty

In September 2016,the Standing Committee of the National People's Congress formally approved the Decision on Authorizing the Supreme People's Court and the Supreme People's Procuratorate to Pilot Penalties for Wide-ranging Pilots in Criminal Cases in Some Areas,and authorized the Supreme People's Court and the Supreme People's Procuratorate in Beijing,Tianjin and other 18 areas to plead guilty of leniency from the pilot system.On November 16,2016,the "two highs and three ministries" jointly issued the "Measures on Extending Pilot Crime in Criminal Cases in Some Areas"(hereinafter referred to as the "Measures for Pilot Work"),officially unveiling a two-year Confession and punishments from the curtain of the reform of the lenient system.The "Pilot Work Measures" highlight many aspects of the need for "pleading guilty pleas of confessed guilt," and emphasize that the court should clarify the legal consequences of pleading guilty pleas to criminal suspects and defendants in the process of pleading guilty pleadings and punishments,and also point out that for the appellees Confession punish whether the voluntary court should review.Therefore,it is of great importance to ensure that the voluntary confession of criminal prosecutors is adequate for the application of the recognition and punishment of guilt from the lenient system.However,at present,most of the studies on the system of plea for leniency in academic circles focus on the construction of macroscopic procedure and the matching of substantive law,and pay little attention to the "voluntary" identification standard.Research in this field urgently needs to be strengthened.Based on the current status quo of guilty plea and punishment in the pilot system of wide system,this essay studies on the connotation of voluntary,standard of guilty plea;the practical dilemma of realizing guilty plea and punishment acceptance voluntary,on the basis of which,finding ways out.The research on the voluntary conduct of confession and punishment should first be based on the understanding of the basic connotation of "confession voluntary" and "recognition of punishment voluntary".Therefore,at the outset of this paper,we explain the concept of "confession voluntary" and "recognition of punishment voluntary".In addition,other theoretical issues related to the voluntary of confession and punishment have also been explored,including the analysis of the book of constitution as a concrete carrier of voluntary and the value orientation of guaranteeing the voluntary of confession and punishment.Just giving the definition of voluntary connotation does not help to understand and have grasp of the practice sector.Therefore,this paper discussed in detail on the criteria for the voluntary of guilty confession and punishment from the subjective and objective aspects.Objectively speaking,judging whether the respondent's confession guilt penalty is voluntary or not should first of all exist an objective fact of crime.In addition,it depends on whether the will at the time of confessing guilt is in a state of complete freedom.Subjectively,judging the voluntary confession and punishment of the person sought shall be based on subjective knowledge.The suspects and defendants should get through to the facts and consequences of the crimes committed,understand the specific connotation of the plea of guilty and the procedural and substantive consequences arising from the application of the system.At present,the system of pleading guilty and punishing leniency is still in the pilot phase.To realize the voluntary confession and punishment still exists realistic predicaments.On the one hand,because of the defect of our country's right of reading,the system of right to silence has not yet been established.It is difficult to guarantee that the defendant's confession and punishment acceptance in this case is voluntary.On the other hand,the lawyer's defense system is not perfect.Although the"Pilot Work Method" includes the on-duty lawyer system,since duty lawyers are not equal to criminal defenders and unable to provide substantive legal assistance,they often become a "lobbyist" who persuade the defendant to choose a guilty conviction process,actually will further increase the risk of Involuntary confession.Therefore,if we want to get rid of the plight of confession and punishment acceptance voluntary,we should constantly improve the safeguard mechanism of guilty plea and punishing acceptance voluntary.First of all,guarantee the"intelligence" of the defendant's guilty plea.Knowing that knowledge is the basis of voluntary.Only when the application of guilty plea is fully explained from the wide range of interests,can we guarantee the confession and punishment acceptance is willingly.Secondly,strengthen the participation of lawyers,guarantee effective defense,and strengthen the substantive role of duty lawyers in the system of plea for leniency;thirdly,construct a "voluntary" review mechanism for the trial session,and exclude involuntary confession and guilty convictions,such as false confession and confession unwillingly from the system of plea for leniency.Finally,it is also necessary to give the defendant the right to withdraw after pleading guilty.To ensure that the defendant has no worries after pleading guilty.Through the comprehensive application of these measures,it is expected that the voluntary confession will be further protected,so that the system of plea for leniency will be developed in a more fair and efficient direction from the wide system.