| Since the launch of the pilot program in September 2016,more than three years' practice has proved that the system conforms to China's national conditions and judicial laws,and is of great significance for improving the efficiency of case handling,safeguarding the legitimate rights and interests of the accused and improving the scientific nature of case governance.The realization of this value is accomplished by relying on the procedure of confession and punishment.The procedure of confession contains the negotiation process of confession and punishment,which is the key link in the system of confession and punishment and belongs to the core procedure in the application of the whole system.However,with the implementation of the lenient punishment system,the existing problems gradually emerge.In the face of the contradiction between judicial resource shortage,case backlog and effective disposal of criminal cases,how to balance procedural justice and litigation efficiency and realize the unification of the two in the most efficient way is a problem worthy of in-depth research and analysis.Pleaded guilty to forfeit their program guarantee risk prevention research on system of greater confessed forfeit their transverse cutting,capture the key link in the system,examination and prosecution stage of the process as the research object,guarantee specifications stated by program parsing,point to point the root cause of the existing risk and risk analysis for the longitudinal penetration,combining the successful experience of typical countries related system outside,select the risk prevention measures,in order to achieve for the implementation of the escort,to greater forfeit their system to realize the win-win purpose of hedging efficiency.This paper takes the normative analysis,realistic risk,cause analysis and risk prevention of the confession and punishment writing procedure as the main research route,and divides the paper into four parts:The first part is mainly to solve the basic problem of what is the confession procedure.Through the definition of the concept,construction and legal consequences of the procedure of confession and punishment,the author makes a three-dimensional interpretation of the procedure of confession and punishment and punishment.Confession procedure is not a common word in legal terms.Only by clarifying its connotation and positioning can we conduct further research and analysis.The second part explores pleaded guilty to forfeit their risk of reality of procedure guarantee,through normative analysis,to find loopholes,economic investigation,logic reasoning,combined with the practice,at the same time will be stated as the risk of real authenticity of misjudged cases corruption risk guarantee risk,trade power instead of consultation,process simplified and the efficiency of rotary and negotiation results lack of consensus to induce conflict risk four content.The third part mainly analyzes the causes of the actual risks in the process of confession and punishment.According to the structural elements of the conclusion procedure,the causes of the risks should include the involuntary and fraudulent nature of confession and punishment,the inability of duty lawyers to provide effective lawyers,the lack of participation in the victim's procedure and the abuse of prosecutor's power.The analysis of the causes of risk can find the target and breakthrough point for the risk prevention of guilty plea and punishment procedure.The fourth part focuses on the actual risks and causes of the confession and penalty-writing procedure.On risk causes of individualization,respectively,puts forward the strengthening of the accused person voluntary safeguard and the limits of right to renege on duty,the implementation of the lawyer system,strengthen the program participation of the victim,and effectively prevent prosecutors abuse four possible risk prevention measures to deal with hidden dangers,stated in order to guarantee a plea forfeit the stable operation of the program. |
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