Study On The Voluntary Guarantee System Of Admission Of Guilt And Acceptance Of Punishment

As a consultative judicial system,the system of leniency on admission of guilt and acceptance of punishment reflects flexibility of the judiciary,and the prosecution and defense can achieve win-win through consultation.The voluntary guarantee system of admission of guilt and acceptance of punishment guarantees the smooth operation of the system of leniency on admission of guilt and acceptance of punishment,which is also basis of realizing its fair and equitable value.Therefore,it is very important to guarantee the voluntariness of confession and punishment.Different from the general guarantee system,the voluntary guarantee system of admission of guilt and acceptance of punishment has three characteristics:specificity,diversity and comprehensiveness.It guarantees the litigation rights of the accused,effectively restricts the abuse of public power,improves the litigation status of the accused,improves litigation efficiency and saves judicial resources,and promotes the reform of the judicial system.However,there are still some problems in the voluntary guarantee system of admission of guilt and acceptance of punishment.We can learn from the excellent consultative judicial system abroad,summarize valuable experience,and put forward targeted countermeasures,hoping to help our country build a consultative judicial system.The article has five parts.The first part is an summary of the voluntary guarantee system of admission of guilt and acceptance of punishment.It includes four aspects:"admission of guilt","acceptance of punishment" and "voluntariness",the characteristics?necessity?value of the system.The second part is about the current situation of the voluntary guarantee system of admission of guilt and acceptance of punishment in China.It includes two aspects:the current situation of legislation,the progress in practice.The third part is about the problems and reasons of the voluntary guarantee system of admission of guilt and acceptance of punishment in China.Some problems are put forward:lack of special voluntary review system,lack of voluntary safeguard related system,lack of complete voluntary relief system and punishment system,and targeted analysis of each problem.The fourth part is the extraterritorial law and summary evaluation of the voluntary guarantee system of admission of guilt and acceptance of punishment.Firstly,it introduces the procedure of pleading guilty in the United States,the procedure of criminal consultation in Germany,the procedure of pleading guilty in France and the procedure of pleading guilty in Taiwan.Secondly,comparison of advantages and disadvantages,learIl from experience of foreign law,the perfection of the system.The fifth part is about the ways to improve the voluntary guarantee system of admission of guilt and acceptance of punishment.This paper puts forward some ways to improve it:to establish a special voluntary review system,to improve the relevant provisions of voluntary protection,and to improve the voluntary relief system and punishment system.