Research On The Guarantee Mechanism Of Authenticity Of The Guilty Plea Of The Accused In Speedy Trial Cases

Authenticity of the guilty plea is the precondition for the leniency of the entity and the simplicity of the procedure in the speedy trial Cases.Throughout the guilty plead procedures in adversary and inquisitorial criminal proceedings,guilty statements or confessions without the factual basis are not accepted.China's criminal procedure has a tradition of pursuing substantive realism.If the accused's confession deviates from the factual basis,it will make the speedy trial procedure lose its fundamental legitimacy,and it will also undermine the realization of the principle of national penal power and bear responsibility solely for his crime.Due to the lenient punishment as a preferential treatment and the inherent forced confession mechanism,high detention rate,extremely low acquittal rate in China's criminal procedure,it may lead the innocent to make false confession.Moreover,the court investigation and the court debate are no longer carried out,so that the content of the guilty plea is no longer tested by the fact-finding function of the trial procedure,which may increase the risk of the innocent being wrongly convicted.Therefore,it is particularly important and urgent to research on the guarantee mechanism of authenticity of the guilty plea in the speedy trial procedure.This thesis adopts methods of normative,empirical and comparative analysis.On the basis of investigating the status quo and problems of the guarantee mechanism of authenticity of the guilty plea,the author tries to explore the procedural guarantee and evidence review mechanism of confession authenticity in the context of the trial function transformation of fast track procedure.Finally,the author proposes suggestions of improvement for the guarantee mechanism of authenticity of the guilty plea.This thesis contains three parts except introduction and conclusion.the main body amounts to forty two thousand words.In the first part,the author outlines the guarantee mechanism of the accused's authenticity of the guilty plea in the speedy trial cases.The author defines the basic connotation of "the authenticity of the guilty plea",and analyzes the characteristics of the authenticity of the guilty plea,and explains the connotation and value of the guarantee mechanism of the authenticity of the guilty plea.I think that the guilty plea means a true confession and admitting the alleged criminal facts with the triple effects of substantive law,procedural law and evidence law.The authenticity of the guilty plea is different from the authenticity of content of pleading guilty and accepting penalty book.It is also different from the factual basis of the guilty plead.There are three typical characteristics of authenticity of the guilty plea in the speedy trial cases: Firstly,no court investigation or court debate makes the identification of the authenticity of the guilty plea mainly rely on reading the files before the court.The factual verification function of the speedy trial has basically disappeared.Secondly,the shorter trial period may result in inadequate investigation of the case and review of the evidence.Thirdly,the sole trial organization may increase the space of personal will,which may deviate the case facts from objective truth.The guarantee mechanism of authenticity of the guilty plea is a mechanism consisting of a series of procedural rules and evidence review rules to ensure that the content of the guilty plea is consistent with the case facts.It is of great significance to realize the principle of substantive truth and responsibility,maintain the legitimacy of the speedy trial procedure.In the second part,the author studies the practice of the guarantee mechanism of authenticity of the guilty plea and extracts the main problems.In terms of procedural safeguards,there are formalized notices of litigation rights and legal consequences and voluntary review of the guilty plea in form,the bad effect of legal help,right of withdrawing and appeal improperly restricted etc.In terms of evidence review,the judge censors the authenticity of the guilty plea principal mainly by reading the files and interrogating the accused.The proof mode mainly adopts the mode of corroboration and verification,which is reflected the fact that the judge usually proves the facts to be proved by means of using the accused's confession to corroborate other direct evidence,and then uses objective evidence to verify the content of the plead guilty.In the process,there are excessive emphasis on evaluating guilty confession,and neglecting the review of the ability of evidence,the way in which rigorous proof is no longer applied,the judge's degree of mentality which is implicitly reduced,and the "formal truth" which is substituted for "substantial truth".In the third part,the author puts forward the basic thinking and specific suggestion for perfecting the guarantee mechanism of authenticity of the guilty plea.The author proposes that we should adhere to the basic thinking of "the division of labor and constraints of specialized agencies" and "combination of procedural safeguards and evidence review" for the guarantee mechanism of authenticity of the guilty plea.In terms of procedural safeguards,we should fully inform the litigation rights and legal consequences,strengthen the effective defense of the duty lawyers,improve the relevant mechanisms of the right of withdrawing and appeal,and regulate the procedures of the speedy trial and the content of the interrogations.In the aspect of evidence review,we should adhere to the review mode of reading the case files and interrogation under the court,strengthen the review of the ability and proof of confession,adopt the method of "simplified proof",adhere to the statutory standard of proof,and transform procedures about the judge reading the case files before the court in order to guarantee the authenticity of the guilty plea.