Voluntary Guarantee Of The Accused In The System Of Leniency Of Confession And Punishment

From the pilot work in 18 cities in 2016 to the revision of the criminal procedure law in 2018,and then to the guidance on the application of leniency system of confession and punishment(hereinafter referred to as the guidance)issued by the two senior three ministries in 2019,the leniency system of confession and punishment has been contributing to the judicial reform of China with the efforts of scholars and judicial staff,saving judicial resources,and We will further promote the operation of the separation of complicated and simple criminal cases.But we need to face up to the fact that the system of leniency of confession and punishment is still a new system in progress,which still needs to continue to run in with the whole judicial system and social concepts.There are still many problems to be discussed about this system,including the voluntary guarantee system of confession and punishment.Throughout the system of leniency of confession and punishment,through the opening procedure of voluntary confession and punishment of the accused,it is closely linked with the voluntary confession and punishment of the accused and its guarantee system from the beginning.In the following procedures of the accused's notification,duty lawyer system and review procedure,they are mainly designed and carried out around the voluntary guarantee of the accused,so it is necessary to The prosecutor's confession and punishment is a systematic and empirical study.First of all,we should make clear what is voluntary nature and what standard should be used to measure the voluntary nature of confession and punishment of the accused.After analyzing the voluntary nature and making clear the voluntary standard,we should integrate it into the current system of leniency of confession and punishment to observe and consider whether the design and implementation of the system of leniency of confession and punishment is reasonable from the angle of rational people.After the issuance of the guiding opinions,we can see that the current system of leniency of confession and punishment is reasonable for the protection of the accused's voluntariness,as well as various deficiencies exposed in practice.Compared with the past,the lawyer on duty currently enjoys the right of marking papers,the informing procedure of the reconnaissance organ and the public prosecution organ,and the examination procedure of the court have also progressed.Although there are still many problems that need to be further improved in the practice of the law,it has also been trying to move forward.Secondly,we can't ignore all kinds of problems caused by the lack or insufficiency of voluntary guarantee in the implementation ofthe leniency system of confession and punishment,such as the lack of the right to know the evidence of the accused-the lack of basic information makes it difficult to guarantee the willingness of the accused;the legal position and litigation rights of the lawyer on duty are unclear-the accused is difficult to obtain effective law in the process of confession and punishment With the help of law,the authenticity and voluntariness of the confession and punishment may be infringed;the absence of the provisions of the defendant's right of appeal-the unclear provisions of the relief procedure lead to the obstacles to the realization of the voluntariness of the accused.All the above problems need to be paid attention to and further studied and gradually solved.The establishment of leniency of confession and punishment system is not only to improve the current situation of criminal justice,improve the efficiency of litigation,but also to achieve social fairness and justice.Therefore,great attention should be paid to the construction of leniency of confession and punishment system,pay attention to the shortcomings exposed by the operation of the system in practice,and deeply consider how to improve and optimize the leniency of confession and punishment system.Since the voluntary guarantee of the accused is the most important part of the leniency system of confession and punishment,in order to realize the fairness and justice of criminal justice and achieve the unity of fairness and efficiency,we should make an in-depth exploration and seek solutions to this problem.