Study On The Repentance Of The Prosecuted In The Confession And Punishment System

Since the trial of the system,it has achieved remarkable results,implemented the criminal policy of combining leniency with leniency effectively,perfect the criminal procedure,rationally allocated judicial resources and improved the quality and efficiency of handling criminal cases.With the admission of guilt and punishment system into the criminal procedure law,the system has been gradually perfected,but there is no clear provision in the current criminal procedure law on the right of recourse of the accused in the lenient system of admission and punishment.In the judicial practice in our country,there are many people being prosecuted for this kind of case in the applicable back,the lack of law for the part,making the case of lack of unified standard,the fact of "could not be in accordance with the law" defects make the accused person to forfeit their rights and interests can not be guaranteed in time.On the another hand,it is a waste of judicial resources.It is reasonable to grant the right of reversion to the respondent,which can guarantee the respondent's voluntary and independent choice of procedure.While in China,we should take this into consideration.However,every thing has two sides,and the reasonable application of the right of recourse has a positive impact on the whole admission process,but the abuse of the right of recourse will affect the improvement of the efficiency of the proceedings or even directly reduce the efficiency,and will also make the judicial authority hit.Therefore,while the law endow the respondent with the right of retrogression,it should clearly define the specific way of exercising the right of retrogression,the examinationprocedure and the corresponding relief procedure.In order to ensure the exercise of the right of recourse,it is not allowed to increase the punishment of the person being prosecuted maliciously,specify the contents of the right to inform,balance the mode of plea negotiation,and ensure that the confession made by the person being prosecuted before he goes back on his word cannot be used as the basis of the case.At the same time,in order to ensure the effectiveness of the retrogression and reduce the occurrence of malicious retrogression,the review procedures should be specified to examine the retrogression of the respondent.In addition,it is necessary to establish the restriction mechanism of the right of going back,make clear the criterion for determining the act of going back,and restrict the subject,time,condition,reason and way of exercising the right of going back,so as to prevent the abuse of the right of going back.