Research On Preventing Involuntary Confession In The Leniency On Admission Of Guilty And Acceptance Of Punishment

The establishment of the leniency on admission of guilty and acceptance of punishment is significant to build a multilevel criminal litigation system,improve litigation efficiency,and save judicial resources,strengthen human rights protection.The pleading guilty of the accused person is an important premise that the institution is reasonable in theory and feasible in practice,and the voluntary pleading is the basis and core issue of the pleading pleading of the respondent.It is important to prevent involuntary confession.This article classifies the behaviors of violation of voluntary confession,and uses it as a logical clue to the paper.From the perspective of preventing passive involuntary confession and active involuntary confession,analyzing the insufficiency of the system design or supporting measures and solutions to the leniency on admission of guilty and acceptance of punishment.Chapter one,summary of preventing involuntary confession in the leniency on admission of guilty and acceptance of punishment.The first section firstly gives a general overview of the institution,including the related concepts,development and status quo,and theoretical basis of the system.The second section analyzes the confession protection from three aspects: voluntary dimension,perceived dimension and justifiable dimension.It defines the definition and scope of each dimension separately,and demonstrates the core position of the voluntary dimension.At the same time,clarifying the dangers of involuntary confession.The third section divides the involuntary confession into passive involuntary confession and active involuntary confession,and serves as a logical clue to subsequently discovering problems,analyzing problems,and solving problems.The second chapter,extraterritorial investigation against involuntary confession.The first section introduces the extraterritorial pleading system of guilty plea,including the guilty plea system under the litigant litigation mode,authoritarian litigation mode,mixed litigation mode.The second section analyzes the involuntary confession prevention measures in the above-mentioned extra-criminal pleading system,including the analysis of passive involuntary confession prevention measures and the analysis of active involuntary confession prevention measures.The third chapter,the preventing inadequacy of involuntary confession in the leniency on admission of guilty and acceptance of punishment.The first section discusses the imperfection of precautionary measure to passive involuntary confession,including the lack of development of illegal evidence,the establishment of a system of silence,and the necessary to improve the detention process.The second section discusses the imperfection of precautionary measure to active involuntary confession,Including the unsatisfactory effect of the lawyer's right to defend,the lack of the right to read the paper affects the quality of guilty plea,and the construction of the right to withdraw plead guilty is not sufficient.The fourth chapter,putting forward suggestions for preventing inadequacy of involuntary confession in the leniency on admission of guilty and acceptance of punishment.The first section discusses the development of precautionary measure to passive involuntary confession,including the full development of the exclusion of illegal evidence,the establishment of an express right to silence system,and the improvement of the detention process.The second section discusses the improvement of precautionary measure to active involuntary confession,including exploring the status of the defender of the duty lawyer and establishing an effective defense concept,advancing the right of the respondent to read the paper,and fully constructing the right to withdraw the guilty plea.