The Prevention Of False Confession Under The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment

False confession is common in China's criminal justice,and it brings a series of adverse consequences,such as indulging real criminals,causing serious impact on judicial justice;punishing innocent people,thoroughly destroying the principle of self-responsibility in penalty;violating the goal of fighting crime and protecting human rights in criminal proceedings;making cases more complex and wasting the time and energy of judicial organs.False confession has always been a problem that can not be ignored in our criminal justice practice.With the establishment of the system of leniency on admission of guilty and acceptance of punishment,there is a risk of further deterioration of false confession.This system can improve the efficiency of the proceedings by giving the accused preferential sentencing in exchange for the accused's voluntary admission of guilt and punishment,and through the cooperation between the accused and the national judiciary.While pursuing efficiency,the system may neglect the truth of the case and may worsen the possibility of false confession,which is contrary to the spirit of finding truth in criminal proceedings in China.And the system has similarities with the plea bargaining system of the United States.The plea bargaining system has been operating in the United States for more than 40 years.In recent years,the problem of false confession has been exposed continuously.Therefore,when vigorously implementing the system,our country should also be vigilant against false confession.Therefore,combined with the characteristics of the system of leniency on admission of guilty and acceptance of punishment,this paper discusses a series of issues related to false confession,and through program design and system construction to prevent false confession,which has practical significance.In addition to the introduction,this paper is divided into four parts.The first part mainly describes the definition and classification of false confession in this paper.Through combing the existing research and explaining the word "false",this paper defines false confession as innocent people's confession for various subjective and objective reasons,and classifies it as voluntary false confession and involuntary false confession.The second part mainly describes the phenomena and causes of false confession in criminal justice of our country.Firstly,through sorting out the cases of false confession,we can conclude that the phenomenon of false confession has existed for a long time,and analyzing the causes of false confession in different types.The main causes of voluntary false confession are emotional factors,interest factors,factual misunderstanding and legal misunderstanding.The main causes of involuntary false confession are illegal investigation and interrogation and inefficient lawyer participation.The third part further analyses the current situation and characteristics of the implementation of the system,and points out that the system has been vigorously implemented by the judicial organs.However,the system is oriented by the efficiency of litigation,and there is a risk of ignoring the facts of the case and causing false confession,mainly including the following factors.The system may aggravate the dependence of investigation organs on confession,the system may cause retaliatory investigation,the system may undermine the principle of reservations of judges,innocent defendants want to obtain leniency through confession,and the role of lawyers in this system is very limited.On this basis,the fourth part of this paper puts forward the prevention mechanism of false confession.To strengthen the court's substantive review of the guilty plea cases;to limit the scope of "leniency";to grant the person to be prosecuted the right of repentance;to protect the right of appeal of the guilty defendant;to strengthen the effective participation of lawyers in plea cases;to improve the whole-process synchronous sound recording and video recording system;the principle that no one should be forced to self-incriminate should still be stressed;to focus on the accountability of those responsible for false confessions.Through these procedures and system construction,this article is in order to be able to effectively prevent false confession,for the good and fast implementation of the system to make a contribution.