Study On The Voluntariness Identication In Cases With Guilty Plea

The confession and confession has been implemented since September 2016.After 18 years of pilot work in 18 regions,it was officially written into the basic law governing criminal procedure on October 26,2018,and became part of the General Principles of the Criminal Procedure Law.content.It can be seen that the confession of confession and punishment as a system of innovation in the field of criminal litigation is successful.It is not only conducive to the realization of the efficiency value of criminal proceedings,but also to alleviating judicial pressure.It is also conducive to promoting the current comprehensive judicial reform and building a more scientific litigation system.The recognition of confession and voluntariness is the basis for the realization of the confession and punishment system.Only on the basis of voluntary and true confession and punishment,can we talk about the simplification and diversion of the procedures,improve the efficiency of litigation,and implement the criminal policy of tempering justice and strictness in our country,and Timely punishment of crimes and maintenance of social stability.In the judicial practice,there are many shortcomings in the recognition of the voluntary recognition of guilty confession,which leads to many difficulties in the voluntary determination of confession and punishment.Therefore,it is necessary to study the issue of the voluntary determination of confession and confession based on China's national conditions.The body of this article consists of five parts,as follows:The first part mainly introduces the origin of the confession and punishment,the development of the lenient system,and the importance of recognizing the voluntary nature of confession and confession in the context of confession and punishment.The first is to recognize that voluntarily pleading guilty is conducive to strengthening human rights judicial guarantees and implementing a criminal justice policy of tempering leniency;the second is to facilitate the timely punishment of crimes and maintain social stability;and the third is to facilitate the unification of justice and efficiency;It is the idea that pleading guilty and voluntarily conforming to modern criminal restorative justice.The second part mainly defines the basic meaning of the voluntary nature of confession and punishment.To recognize the voluntariness of confession and confession,it is self-evident that the first thing is to clarify the meaning of voluntary.This part introduces thebasic connotation of pleading guilty and the basic connotation of voluntariness and voluntariness,and introduces the connotation of voluntariness and punishment in the context of wide institutional context.The basic connotation of the voluntary nature of guilty plea is separately demonstrated from the cognitive level and the will.It is proposed that at the cognitive level,the scope of voluntary pleading guilty should include the criminal law evaluation of the criminal act in addition to the crime,the penalty,etc.,that is,the defendant must recognize the “behavior” while acknowledging the “behavior”;Voluntary manifestation of a relative freedom of will,how to grasp this relativity,how to grasp this "voluntary" and "involuntary" boundaries is crucial.Voluntary pleading is not the same as voluntary confession.The third part mainly analyzes the constituent elements of the voluntary recognition of guilty pleas,that is,on the basis of the explicit voluntary connotation,further talk about which aspects of voluntary should be identified.In this section,the constituent elements of the voluntary recognition of guilty pleas are divided into necessary components and auxiliary components.The necessary elements include the clarity,rationality and freedom of choice;the auxiliary components include the psychological factors of the indicted person who repented and the behavioral factors that compensate for the loss.In other words,it is necessary to recognize the voluntary nature of confession and punishment,and must meet the requirements of the above-mentioned constituent elements.The determination of the necessary constituent elements will inevitably lead to the voluntary non-compliance of confession and punishment.The neglect of the auxiliary constituent elements will also affect the voluntary determination of confession and punishment..The fourth part mainly introduces the reality of judicial practice,because the understanding of the confession of confession and punishment is not complete,the understanding of the voluntary connotation of confession and punishment,and the failure to meet the requirements of the basic elements of voluntary confession and punishment There are many problems in many of the dilemmas.For example,due to the prosecutorial authorities' determination of the “free choice” of the necessary constituent elements of pleading guilty,the prosecution exchanges are inequitable,the rights of the prosecutor are not in place,and the procurator's objective and fair obligations are difficult.Wait.The fifth part mainly focuses on the realistic dilemma of voluntary recognition of confession and punishment,and proposes a perfect path for voluntary identification.Such asthe perfect system of confession and confession rights,the substantive participation system assisted by lawyers,and the establishment of a reasonable and standardized system of sentencing.