The Standard Of Proof In Guilt-admission Case

As the supreme people’s court and supreme people’s procuratorate have completed the pilot work of lenient punishment system for guilty plea in some areas,the newly revised criminal procedure law has also added relevant provisions on lenient punishment system for guilty plea.The reform of lenient punishment system for guilty plea has experienced a process from the beginning to the gradual deepening.In essence,the development of this system is an important measure to improve the efficiency of litigation,solve the serious shortage of judicial resources,concentrate on handling major cases,improve the quality of cases as a whole,and promote the reform of the trial-centered litigation system.The key to the success of the reform of lenient punishment system is whether it can overcome the problem of"complicated summary procedure" in the past reform of summary procedure,and the standard of proof is one of the decisive factors.There is a separation between the standard of proof in legislation and judicial practice in the case of confession and punishment.The core point of this paper is that on the premise of guaranteeing the voluntary nature of the guilty party,the standard of proof of the guilty party’s punishment is reasonable to be reduced.Specifically,this paper is divided into three parts:introduction,text and conclusion.First of all,the introduction part mainly introduces the confession greater forfeit system pilot work of the said system as well as the new revised criminal procedure law,and based on this background lead to run for the present system and briefly summarized theory of differences,points out that the legislation,practice and theory of proof of guilt forfeit their standard question know the present situation and the research emphasis of this article is not unified and characteristics,and pleaded guilty to study forfeit the necessity of proof standard case,which leads to below.The first chapter is the investigation of the present situation of the proof standard of the case of confession and punishment.This chapter mainly expounds that in the case of admission of guilt and punishment,the standard of proof is separated in legislation and practice,and the standard of"clear facts and sufficient evidence" is uniformly applied in legislation.However,in practice,there are different degrees of adjustment and change,and the theoretical circle has different opinions on whether the standard of proof can be reduced.Therefore,the problem consciousness of this paper can be summarized as:in the case of confession and punishment,whether it is reasonable to lower the standard of proof?How to protect the legal rights and interests of the parties through path exploration and system design?The second chapter is the core part of this paper.This chapter mainly explores the reasonableness of the reduction of the standard of proof in the case of confession and punishment.First of all,from the legal provisions as a starting point,the analysis of the conditions in the procedure of lenient admission of guilt,the standard of proof due to the different legal procedures change;Secondly,make clear the value pursuit of the case of confession and punishment,and explore the value balance between justice and efficiency in the specific system;Finally,the confession and punishment case has the confession of the person being pursued,which reduces the difficulty in the process of case fact proof.Therefore,under the premise of voluntary and true confession of the defendant,it is reasonable to lower the standard of proof.The third chapter is about how to reduce the standard of proof.On the one hand,the author tries to compare the pleaded guilty to forfeit their system and the system of plea bargaining in the United States,Germany,confessions of a consultation system,explore the system essence,compare similarities and differences,based on the analysis of Anglo-American law system and continental law system of confession problem of certificate standard reference in the plea bargaining system balance between fair and efficiency of criminal lawsuit idea,and in Germany confessions consultation system is discussed in this paper to confirm proof of convergence of the model.At the same time,in reference to comparative law research,focus on the localization of the system,combined with China’s current criminal justice theory and practice,for the following path to pave the way.On the other hand,combined with the particularity of oral confession mentioned above,this section focuses on the three elements to be achieved in the case of confession and punishment.First of all,it is necessary to ensure that the guilty plea is knowingly,voluntarily and truthfully.Secondly,the standard of proof was set objectively to ensure the authenticity of oral confession,and different verification and reinforcement requirements were distinguished according to the types and characteristics of cases.Finally,in the subjective aspect,based on the requirements of the judicial justice of criminal proceedings in China and out of consideration for the protection of the rights of the parties,it still follows the psychological evidence standard of "excluding reasonable doubt".In the conclusion of the article,the author analyzes the shortcomings of the article,and puts forward further prospects for the development of the system and theoretical exploration.