Pleading Guilty And Penalizing Leniently Defendant Voluntary Study

On 16 November 2016,the Supreme People's Court,Supreme People's Procuratorate,Ministry of Public Security,National Security Department,Ministry of Justice_issued "measures on the pilot work on the system of lenient admission and punishment in criminal cases in some regions(hereinafter referred to as the pilot measures),the system of guilty,admitting and penalizing leniently started the pilot road in 18 cities throughout the country.The trial work of the lenient system of guilty plea and punishment represents the gradual implementation of the criminal policy of combining leniency and punishment.The original intention of the system is to improve judicial efficiency,optimize the allocation of judicial resources,and at the same time better protect the human rights of the accused while showing judicial tolerance.The core of this reform should be to guarantee the voluntary nature of confession and punishment.If the voluntary nature of confession and punishment is violated and untrue confessions are made,then the operation of this system will be difficult to achieve effectiveness,and it can only be a mere formality.And it could lead to more misdeeds.Therefore,the voluntary research on the lenient system of guilty plea and punishment has also become a hot topic in this system.This paper will take the voluntary plea of the defendant's guilty plea as the starting point.On the one hand,it explores the experience of the similar system in foreign countries in the voluntary nature of the defendant's admission of guilt and punishment.On the other hand,it studies the deficiency in the voluntary protection of defendants in the practice of lenient admission and punishment system in our country,and finally puts forward some suggestions.This paper is divided into four parts.The first part is an overview of the voluntary nature of confession and punishment.This part mainly expounds the concepts of "guilty","admission of punishment","voluntary",and puts forward the judgment criteria of the voluntary nature of the defendant's admission of guilt and punishment.The second part discusses the extraterritorial similar system of voluntary protection,respectively exploresFrance,Germany,the United Kingdom,the United States experience,while exploring the significance of reference for our country.The third part discusses the voluntary and existing problems of the defendant under the lenient system of guilty plea and punishment.The fourth part proposes solutions to the existing problems,and puts forward safeguards to guarantee the voluntary nature of the defendant's admission of guilt and punishment,mainly including the protection of the defendant's right to know,to protect the defendant's right to defend,to perfect the system of discovery of evidence,to endow the defendant with the right to withdraw,and to perfect the audio and video recording system of cases of admission and punishment of punishment.This paper finds out that the system of guilty admission and punishment is an important innovation in the reform of our country's judicial system,but in the course of operation,if we ignore the guarantee of the voluntary nature of the guilty plea and penalization of the defendant,it shakes the foundation of this system and has an impact on fairness and justice.Therefore,the research of the defendant's voluntary admission of guilt and punishment is not only a micro problem,but also a macro perspective to understand the value of voluntary guarantee of guilty admission and punishment.