Study On The Prove Standard For The System Of Leniency On The Confession Of Guilt And Punishment

Debates arose in the theoretical field upon whether or not the prove standard should be lowered for the system of leniency on the confession of guilty and punishment where two major voices are heard,namely the point of insistence and the point of lowering the standard.While in practice,different jurisdiction enforcers have their own say.For those who wish to insist on the standard,they mainly seek to prevent unjust and false cases and protect the rights and interests of the defendants,but it lacks rational analysis.And for those who want to lower the standard mainly wish to simplify the procedure and boost litigation efficiency,which are hampered by the relatively high prove standard.However,they fail to accurately recognize the relationship between the simplification of procedure and the standard of free proof.Though most cases involving crime and punishment confession can employ fast jurisdiction or simplified procedure,such procedures embodying the free prove spirit don’t necessarily link with natural prove factors.Meanwhile,chances are rigorous proof and free proof can be reversed,and the matter of free proof may extend to the fact of crime,which means in free prove mode applying simplified procedure,especially fast jurisdiction,a lowered prove standard can translate into decreased stability of basic factors of the case,and damage to defendant’s rights.In the system of leniency on the confession of guilty and punishment,base on the consideration of jurisdiction efficiency while sticking to the baseline of preventing wrongful conviction,we need to specify proof object,and classify their facts of conviction,sentencing and procedure on the basis of general principles for litigation proof.Among them,sentencing facts are connected to the vital interests of the defendant,for which the prove standard needs extra attention,and it’s necessary to further specify proof object base on the constitutive elements of crime,hence define different prove standards for subjective and objective conditions.At the same time,we should divide procedures,according to confession or not of crime and punishment,into categories of capital case,ordinary procedural case without confession,ordinary procedural case with confession,and simple&fast jurisdiction case with confession.And according to different categories,we should consider the feasibility of presumption rules and the reinforcement strength of defendant’s statement.The proof standard of criminal evidence is mainly divided by the statutory circumstances,discretionary circumstances,and whether it is beneficial for the defendant.Also,the application of the rules of evidence should be further considered.The proof standard of procedural facts mainly considers illegal physical evidences to exclude problems,and uses the proof object and the proof subject as the basis for the separation criteria.Therefore,according to different factors such as the proof object and the proof subject,we can construct proof standard for the system of leniency on the confession of guilty and punishment in a layer structure according to different categories.