Study On The Voluntary Nature Of Plea Leniency System And Its Guarantee System

In 2014,the Standing Commission of the National People's Congress has authorized the Supreme Court and the Supreme Prosecutor's Office to carry out a two-year pilot work on "Criminal speed procedure" in 18 cities throughout the country.Following the completion of the pilot work,on January 16,2016,with the issuance of the "Two high Three ministries" with regard to the approach to the pilot work on the plea for leniency system in criminal cases in some areas(hereinafter referred to as the pilot scheme).In these 18 cities,the latter system has carried out further pilot work,while at the same time,a certain degree of expansion has been made in the scope of application.Then,theoretical discussion and research on all aspects of this new system innovation expands,mainly about the basicproblems of plea leniency system.With the continuous further development and change of this new system in the judicial practice,it is inevitable that some new and difficult question,we need to carry on the further discussion and the analysis.The author tries to focus on the analysis and study of the voluntary nature of the plea leniency system in criminal cases,including the specific meaning of the voluntary nature of the plea leniency system,the realistic factors that affect the voluntary nature of the accused and the measures of voluntary guarantee,etc.In the first chapter,the author expounds the conceptual decomposition of the plea leniency system,firstly the author introduces the discussion of the basic meanings of "guilty plea","penalty" and "leniency" in the current theoretical circle,and then showsome thoughts,and secondly,the author introduces the conceptual analysis and related discussion on the voluntary nature of the penalty of the central concept of this paper,and finally,the author explains the important value and significance of the current discussion on the voluntary nature of the penalty of confession in theory and judicial practice.The core content of the second chapter lies in the author's attempt to analyze and locate the realistic factors that affect the voluntary confession of the accused person from the investigation link,the examination and prosecution link and the trial link in three stages,and initially generalize that the "confession penalty" and the absence of the right to read the investigation stage,and review the sentencing suggestion system in the prosecution stage.The corresponding defects of the system of duty lawyer and the standard of proof,such as the formal court trial and the loosening of the trial level system,have a certain degree of influence on the penalty voluntary nature of the current litigant's confession.In the third chapter,the author makes a relevant introduction to the voluntary safeguard measures for the accused in the cases of penalty leniency in the United States,Germany and Italy,and makes it clear that the voluntary issue of confession penalty is also the core concern of a system in extraterritorial countries,whether in common law system or civil law system.And each country also forms their own certain characteristic voluntary safeguard measure,has certain reference significance for our country guilty plea penalty leniency system development.In the fourth chapter,the author tries to put forward some corresponding voluntary safeguard measures in the aspects of the voluntary and sensible of a plea,including the suggestion of the right of reading in the investigation stage,the reform of the current sentencing suggestion system,the establishment of procedural node notification and the hierarchical examination structure of the voluntary nature of the trial stage.The author thinks that wisdom is the premise and guarantee of voluntary nature,at the same time,voluntary is the core,this two aspects represent the internal and external relations,only from the internal and external aspects to protect the prosecution's guilty plea penalty to express the environment,it is possible to beinfinitely close to the guilty plea penalty voluntary should be the highest requirements.