Objective Subjective Criteria:The Voluntary Judgment Of Leniency

"Greater confessed forfeit their perfect criminal lawsuit system" is in the context of the party,promoting the rule of law have been proposed,which is embodied in 18 by the fourth plenary session of the party on comprehensively advancing the rule of law "the central committee of the communist party of China certain major issue decision".According to the file spirit,the supreme people's court issued on comprehensively deepening the reform of the people's court of the supreme people's court's opinion,the people's court of the fourth five-year reform outline(2014-2018)","opinion" stipulated the confession forfeit from the system framework of subject,which is subject to forfeit the defendant pleaded guilty,to the judicial organs to show leniency for results.Actually this system to the defendant pleaded guilty to forfeit their voluntary made limits,namely pleaded guilty to forfeit their voluntary is not absolute,voluntary,but rather a voluntary "institutionalized" legal level.Therefore,what criteria are used to determine whether the defendant is voluntary or not,and how to use the corresponding method to protect the subjectivity of the defendant is the main issue discussed in this paper.There are two kinds of criteria in the current theory and practice to judge the voluntary nature of the leniency system: the objective criterion and the subjective standard.The objective criterion refers to a confession made by a respondent without torture,threat,seduction or deception.Subjective criteria refers to the legal consequences of a person being prosecuted or knowingly guilty of a crime.General experience of the former evaluation requirements appear with safety but also easily because of difference of audit main body and the judgment of the imbalances,which focus on the subject status of people being prosecuted and intention but ignore the accused person may be speculation.So this article proposed on the basis of objective criteria,balancing the new standard of subjective criteria,namely the subjective standard of objective,hope to forfeit their judge accused man pleaded guilty in the judicial practice from voluntary provides an effective way.Confession must be voluntary,and it is made in the right sense of the defendant.The objective subjective criterion is based on the subjective interpretation of the accused,and the external performance behavior of the defendant is evaluated according to the standard way.Inorder to ensure the effective implementation of objectification of the subjective standard,should be on the legislative and judicial protection and relief,also shall formulate a series of supporting relief mechanism to protect the rights of the accused person,such as the establishment of accused person's right of withdrawal,with the right to inform the books and discovery to perfect the accused person of licensor,perfect the right of the defendant's lawyer,help,and so on.