A Study On The Confession Of Guilty And Punishment

The confession and punishment system has been incorporated into China's criminal procedure law,and various supporting procedures and related system safeguard measures have gradually improved,but there are still some details that need to be explored in depth.By analyzing the past cases of confession and confession,it is concluded that the complexity of the elements of litigation and the instinct of human nature provide the possibility of remorse after the pleaded confession and confession.So far,the anti-regrets mechanism has not been given institutional guarantees in our country.This directly makes it difficult to maintain order in the settlement and relief operations of repentance in judicial practice,and there is no uniform standard for the settlement of actual cases.At the same time,the relief link that matches the respondent after the repentance situation occurs It is also difficult to provide strong support.Therefore,it is necessary to base on China's judicial practice,and it is imperative to include relevant procedural issues caused by repentance into research.In addition to the preface and the conclusion,this article is divided into four parts:The first part of this article mainly introduces the definition of repentance of the prosecuted.First of all,through the discussion of the rules and regulations of repentance,based on the relevant provisions in the Pilot Measures for Plead and Plea,and the relevant provisions in the Guiding Opinions on the Application of the Guiding Opinions on the Application of the Pleniency System for Plea and Punishment,the second part discusses the rules and regulations of repentance.Manifestations include withdrawal of confession and confession,and appeal.The second part shifts the perspective to extraterritorial,examines the remorse of the respondent in the American plea bargaining system and the prohibition of remorse in the Russian special procedures,and focuses on the methods,reasons,and remedies of repentance in the confession case of the extraterritorial prosecutor.The two systems are analyzed and evaluated.The third part puts forward the procedural problems of the prosecuted person's remorse in light of the operation of the confession and punishment leniency system in practice.Including the abuse of the right of resentment by the prosecuted person to affect the progress of the procedure,the improper handling of the relative non-prosecution,the incomplete procedure for the withdrawal of the written statement,and the response to the appeal of remorse.The fourth part focuses on the countermeasures of the prosecuted person's remorse procedure.The first is to prevent the prosecuted person from abusing the right of remorse and to ensure that the rights are not abused;the second is to reasonably divert the relative non-prosecution and re-prosecution;the third is to improve the withdrawal procedure of confession and punishment,and to clarify the subject,form of reason and effect of withdrawal;Propose a solution to the confession appeal.