Research On The Voluntary Nature Of Confession And Punishment And Its Guarantee Mechanism

The leniency plea confession system is a major reform of the criminal procedure system.The original intention of establishing the system of confession and punishment for leniency is to improve judicial efficiency.It is necessary to achieve streamlining and streamlining to alleviate the pressure of judicial case handling and to ensure the justice of justice.While punishing crimes,the legal rights of the person being prosecuted are also guaranteed.The voluntarily pleaded guilty and punishment of the person being prosecuted is the basis for the effective implementation of the system,so it is necessary to strengthen the voluntary guarantee of the person being prosecuted.There are relatively few provisions on voluntary in China's existing laws,and there are relatively few provisions on voluntary identification,review and relief mechanisms.Strengthen the research on the voluntariness of the person being pursued.On the one hand,we can find out the existing problems by exploring the existing legal provisions,so as to make up for the legal loopholes and protect the rights of the person being sued.On the other hand,we can improve the mechanism of voluntary review.In practice,it can effectively judge whether the person being prosecuted voluntarily pleaded guilty and pleaded guilty;at the same time improve the relief mechanism to ensure the lawful rights and interests of the prosecuted,ensure that the leniency plea punishment and leniency system play an ideal effect in judicial practice,improve judicial efficiency,and at the same time guarantee legal justices.Through research,this paper believes that China should strengthen the voluntary protection of the person being sued.Voluntaryness is the basis for a person to exercise his rights.In the case of leniency in confession and punishment,only the voluntariness of the person being prosecuted can be guaranteed to achieve the purpose of establishing the leniency in confession and punishment.To ensure the voluntariness of the person being pursued,first of all,strengthen the protection of the rights of the person being pursued.As the relatively weaker party in the system of pleading guilty and punishment for leniency,the person being prosecuted should be given the right to silence,the right to know,etc.,so as to realize the equality of rights of both parties.Secondly,strengthen the effective participation of lawyers in cases of leniency in pleading guilty and punishment.By increasing the effective participation of lawyers,the auxiliary role of lawyers in the prosecution and punishment leniency process should be strengthened.Finally,it is necessary to improve the voluntary review procedure,determine the review subject,review method,review time and review content.And establish an effective relief mechanism to protect the rights of the person being prosecuted,and further achieve judicial justice.