The Procedural Risks And Its Prevention In Confession And Punishment Cases

The application of the system of confession and punishment for leniency is based on the accused’s voluntary confession and punishment for leniency,characterized by simplified procedures and lenient entities,with the basic purpose of simplifying criminal cases and improving litigation efficiency.The legitimacy of the application of the system depends on whether the dialectical relationship between judicial justice and procedural efficiency can be effectively grasped in the process of proceeding,which cannot be ignored.At present,the pilot practice all over the country emphasizes simplification of procedures and the pursuit of procedural efficiency.Based on this background,the author comprehensively analyzes the potential procedural risks in the promotion of guilty plea and punishment in China,examines the risk prevention measures in the consultative judicial system in various countries,and on this basis puts forward his own views on the prevention of procedural risks in guilty plea and punishment cases.The full text is divided into the following six parts:The first part,"Introduction".This part mainly introduces the research background of the paper,focusing on the connotation definition,development prospect and research significance of the system of confessing guilt and recognizing punishment leniently.The second part," the origin of the problem:there are inherent defects in the consultative judicial system".The development of consultative judicial system is in line with the development trend of criminal justice in the new period,but such judicial system has inherent defects such as potentially weakening procedural justice and shaking substantive truth in the process of proceeding,which leads to the fact that our country should maintain risk awareness in the innovation of confession and punishment system and guard against potential procedural risks while pursuing litigation efficiency.The third part," risk discrimination:potential procedural risks in confession and punishment cases".This part combines the current situation of legislation and pilot practice to classify the potential procedural risks in the trial practice of confession and punishment leniently into three types:first,the risks of involuntary confession and punishment of the accused;The second is the risk that the victim’s litigation status will be ignored.The third is the risk of effective defense in form,and analyzes the causes.The fourth part," Basis of Argument:Theoretical Support to Safeguard Procedural Rights and Interests in Confession and Punishment".Starting from the theory of procedural justice,the theory of judicial justice,the litigant principle of litigation and the criminal policy of leniency and severity,this paper demonstrates the theoretical foundation of protecting the procedural rights and interests of the litigant participants in the confession and punishment cases.The fifth part," Comparison and Reference:Overseas Experience of Risk Prevention in Consultative Judicial Procedure".This part mainly introduces the effective measures of risk prevention in the consultative judicial system of foreign countries,focusing on the plea procedure in countries such as Britain and the United States,the victim’s litigation status and procedural rights and interests protection,and the diversified legal aid system.On the basis of comparative analysis,the author draws useful enlightenment to improve the procedural risk prevention in the case of guilty plea and punishment in China.The sixth part," Reconsideration and Reconstruction:Path Selection of Procedural Risk Prevention in Confession and Punishment Cases".Based on the above summary and analysis of the program risks in the pilot practice,combined with the study and reference of overseas experience,the paper puts forward targeted risk prevention measures,which is the focus of the full text.It is suggested that the procedural rights and interests of the accused should be improved and the crime defense procedure should be constructed so as to guarantee the authenticity,wisdom and voluntariness of the confession and punishment,refine the victim’s right to participate,safeguard the legitimate interests of the victim,focus on improving the duty lawyer system,and implement effective defense.