Research On Voluntary Guarantee Of Plea And Plea

Voluntary confession and punishment are very important in the leniency of confession,the protection of the voluntariness of criminal suspects,defendants is a prerequisite for the establishment of the leniency system of guilty and confessing guilt.The basic requirements for a lenient system to survive properly and to prevent miscarriages.The voluntariness of confession and punishment includes the free choice of knowing the facts of the crime and rationally distinguishing between right and wrong and denying the crime.The object of the criminal suspect and defendant pleading guilty and punishment is the legal fact formed by the real evidence materials.It is the recognition of the prosecution's accusation of factual crime and the proposal of sentencing.The consensus of guilty plea and punishment achieved under the system of leniency of guilty plea and punishment is different from the consensus reached between equal subjects in private law,but a public law relationship formed.Under the conditions stipulated by the law,the criminal suspect and defendant can clearly understand the facts of the crime accused by the prosecution and the evidence materials they have obtained,and can discern the right and wrong,the interests and the ability to control their behavior Know the legal consequences of confessing guilt and punishment.On this basis,you can freely choose to plead guilty or plead guilty without pleading guilty or even stay silent.Effectively guaranteeing the voluntary nature of guilty plea punishment at every important stage of investigation,review and prosecution,and trial is the lifeline of ensuring the effective operation of the leniency plea punishment system and the healthy and sustainable development.In order to realize the full guarantee of voluntarily pleading guilty and punishment,on the basis of absorbing extra-territorial feasibility experience,it is necessary to set up a system of accused people's judging in accordance with China's judicial soil,an effective legal assistance system,and regulate the accused's right to repent Supporting security system and voluntary comprehensive multi-level review mechanism for confession and punishment.