Research On Voluntary Guarantee Of Confession And Punishment

The application of the plead guilty confession system is based on the confession and punishment of the prosecuted person,and the confession and punishment of the prosecuted person must be based on voluntariness.Therefore,how to ensure the voluntariness of the confession and punishment becomes the core issue for the system to be accurately applied.The voluntary nature of confession and punishment refers to the choice of voluntary confession and voluntary punishment based on the facts of the case and without physical and mental coercion,based on the free will of the person.The general judgment criteria should be comprehensively grasped from two aspects: subjectively,a clear understanding of the nature and legal consequences of confession and confession(cognitive activity),and an inner determination(intentional activity)based on this,objectively,not prohibited by law form of interference.From the perspective of comparative law,no matter it is a common law country or a civil law country,whether it is a confession negotiation system,a plea bargaining system or a pre-trial plea defense procedure,the system concept and spiritual connotation are highly consistent,that is,the emphasis is placed on the protection of prosecution.The voluntariness of the person's confession and defense,and the design of specific systems such as the right to information,the right to defense,and the right to regret to be prosecuted,to fully realize such protection,are worthy of reference for our country.At present,there are many practical difficulties in the voluntary protection of confession and punishment in China.In terms of value,there is a value conflict between fairness and efficiency;technically,"voluntariness" has a strong subjective color that is difficult to quantify.The inequality of prosecution and defense during the investigative stage,the difficulty of reaching effective prosecution and negotiation during the review and prosecution stage,the voluntary review at the trial stage are formal,the role of the on-duty lawyer system is limited,and the right to confess confession and punishment needs to be improved.In order to solve the above problems,the investigating agency should guarantee the right of the prosecuted person to get help from a lawyer,legally interrogate,insist on confessions,strengthen the supervision and review duties of the procuratorate and the court;protect the prosecuted person's right to know evidence first,and clarify the lawyer Participate in sentencing consultations and put forward suggestions for determining sentencing;strengthen the court's voluntary review at the trial stage,focusing on explicit and legal review,improve review standards and review procedures;improve the duty lawyer system,clarify the status of duty lawyer defenders,and confer The duty lawyer's right to read the papers,the duty lawyer's right to be present during sentencing negotiation,construct a duty mechanism for duty lawyers at different litigation stages,and improve the supporting system for duty lawyers;build a comprehensive confession and confession repentance system,and clarify the form of notification,how to exercise it Legal consequences.Through the above-mentioned institutional reforms,the purpose of more fully and completely guaranteeing the voluntary confession and punishment of the prosecuted person has been achieved.