Research On Threats,deception And Enticement Prevention In The Implementation Of The System Of Plea Guilty And Punishment

This article takes the threats,deceptions and inducements in the implementation of the system of confession of guilt and punishment as the research object,and is divided into four parts.The first part is an overview.In this part,it first defines the concept of threat,deception and inducement in the implementation of the confession and punishment system,and then introduces the characteristics and methods of related behaviors in the implementation of the confession and punishment system.Compared with ordinary threats,deceptions and inducements,the specificity of the relevant behaviors in the implementation of the system of confessing guilt and punishing leniency is manifested in different ways,different times of occurrence and different actors.The threats,deceptions,and inducements in the implementation of the confession and punishment system are divided into two types: one is to use the influence of the confession and punishment system on the original procedures;The supporting system is carried out.The second part is the threat,deception and inducement risks in the design of the leniency system for confession and punishment.In order to ensure the smooth operation of the leniency system for confession of guilt and punishment,my country has promulgated a series of laws and regulations.These regulations are mainly composed of two aspects: on the one hand,the impact of the system of confession of guilt and punishing leniency on the original provisions such as the notification of rights and the discretion of compulsory measures;on the other hand,the new and supporting systems in the system of plea and plea for leniency,Including sentencing consultation system and duty lawyer system.In this part,through the analysis of relevant laws and regulations,the flaws in the system design are explored,and the system risks of threats,deception and temptation are discovered.The third part is the current situation of threats,deceptions and inducements in the implementation of the leniency system of confession and punishment.The risks in the design of the confession and punishment system are manifested in the occurrence of multiple threats,deceptions and inducements in judicial practice.The risks arising from the original regulations after being affected by the leniency system of confession and punishment are mainly reflected in the implementation of the system,which is mainly reflected in the fact that the act of notification cannot protect the prosecutor's right to know and the expansion of the discretionary power of the application of compulsory measures;new and supporting systems have been added to the system design The resulting risks are reflected in the irregular sentencing consultation procedures and the "witnessization" of on-duty lawyers in judicial practice.The fourth part is the way to prevent threats,deception and temptation in the implementation of the system of confession and punishment.In order to avoid the impact of the leniency system of confession of guilt and punishment,the original provisions of the rights notification and the risk of compulsory measures should be clearly notified of the content and method of the behavior.At the same time,it is also necessary to strengthen the supervision of the investigation behavior in the implementation of the system and standardize the compulsory measures Discretionary power to avoid abuse of detention coercive measures.For the two new and supporting systems of sentencing consultation and on-duty lawyers,precautions should be taken in terms of clarifying the range of lenient,establishing a judicial review system after sentencing consultation and strengthening the role of on-duty lawyers.