A Study On The Voluntary Guarantee Mechanism Of Accused Pleading Guilty And Punishment

On October 26,2018,the Sixth Meeting of the Standing Committee of the 13th National People's Congress adopted the Decision on Amending the Criminal Procedure Law of the People's Republic of China.This amendment formally stipulates its effective and reproducible practical experience as law on the basis of drawing lessons from the pilot reform experience of the lenient system of confession and punishment.The system stipulates the lenient system of confession and punishment in criminal procedure.On the one hand,it aims to realize simplicity and diversion on the basis of confession and to separate complex criminal cases from simple criminal cases.On the other hand,it aims to achieve the unity of justice and efficiency in criminal justice at a higher level.In this system,criminal suspects and defendants voluntarily plead guilty and accept punishment in exchange for simplified processing procedures and lenient substantive judgments.Based on this,it is the premise of the legitimacy and legitimacy of the system to ensure that the defendant has sufficient and effective voluntariness to plead guilty and confess punishment and the authenticity of the basic facts of the case.It is also the life of the benign and sustainable development of the system.Line.However,in the current theory and practice,there are many imperfections in the system related to guaranteeing the voluntariness of confession and punishment of criminal suspects and defendants,which makes the voluntariness of confession and punishment not guaranteed effectively.This article will take this as a starting point7discuss the current system and measures related to guaranteeing the voluntary confession and punishment of criminal suspects and defendants,and put forward suggestions for improvement.Voluntary guarantee of confession involves both substantive and procedural aspects.The first part of this paper analyses the basic meaning of lenient system of confession of guilt and punishment.Then it discusses what is the standard of voluntary confession of guilt and punishment for criminal suspects and defendants.investigation and judicial organs,and the negative definition.In addition,it explains how to guarantee the confession of guilt for criminal suspects and defendants.The reasons and significance of voluntary punishment.In the second part,? read the relevant laws and a large number of pilot experience summary reports,believing that the involuntary confession of guilt and punishment of criminal suspects and defendants is mainly due to the lack of protection of the right to know information.·the legal help of duty lawyers in the form,the non-standard sentencing proposals*the vacillation of proof standards,the inadequate review of voluntariness by the court,and the inequality of consultation between prosecution and defense.As a result ol the six aspects,I introduce the relevant legal provisions and problems in the practical operation of the above six aspects.The third part introduces how the consultative judicial system in Taiwan and other countries can guarantee the voluntary confession and punishment of criminal suspects and defendants in the above six aspects,and analyses what we can learn from them.In the fourth part,aiming at the problems existing in the system and measures related to the voluntary confession and punishment of criminal suspects and defendants,the author puts forward his own suggestions for perfection,that is.to strengthen the knowledge of criminal suspects and defendants about litigation rights and case evidence,to strengthen the effectiveness of lawyers on duty participating in confession and punishment cases.and to introduce a unified law.In order to ensure the authenticity of the case,we should adhere to the original legal standard of proof;improve the court's exanination of the basic facts of the case and the voluntary examination of the defendant,s confession of guilt and punishment in the trial process;in addition,we should gradually realize the concept of lenient system of confession of guilt and punishment,so as to ensure the equality and adequacy of consultation between the prosecution and the defense.The key to the proper and effective operation of the lenient system of confession and punishment is to guarantee the voluntary confession and punishment of criminal suspects and defendants.By focusing on the issue of voluntariness,this paper puts forward some suggestions on the system and measures related to the protection of voluntariness,with a view to giving full play to its due function,balancing the value of justice and efficiency,and better strengthening the judicial protection of human rights.