On Voluntary Guarantee Of Pleading Guilty And Acceptance Of Punishment

With the revision of the Criminal Procedure Law in 2018 and the introduction of the "Two High and Three Departments" "Guiding Opinions on the system of leniency on admission of guilty and acceptance of punishment" on October 25,2019,the scope of the system of leniency on admission of guilty and acceptance of punishment has continued to expand,theoretical research Deepen.The system is a system of judicial justice-oriented and taking into account the efficiency of litigation.It is of great significance to effectively punish crimes,strengthen human rights judicial protection,optimize judicial resource allocation,improve the efficiency of criminal proceedings,resolve social conflicts and disputes,and promote social harmony and stability.Volunteering,as the lifeline of the confession and punishment leniency system,not only plays a role in ensuring the legitimacy of the simplification of the litigation procedure,but also promotes the utility of increasing the rationality of leniency in the entity.The academic circles have recognized the importance of guaranteeing the voluntariness of the prosecuted person to plead guilty and confession,but they have different views on the voluntary protection standards of the prosecuted person.This article considers that the voluntary of pleading guilty and acceptance of punishment is actually different from person to person and should be distinguished from the concepts of knowingness and legality.In terms of voluntary guarantee standards for confession and confession,we draw on the American theory of The Relations of Power Test,and measures the voluntary confession and penalties by measuring the scope of the rights of the prosecuted and the scope of the interrogator's power.In addition to the introduction and conclusion,this article is divided into five parts.The first part is the theoretical basis of voluntary guarantee of confession and punishment.It includes the definition of voluntary connotation and the analysis of the necessity of voluntary guarantee.Based on the recognition that the voluntary nature of confession and punishment is different from person to person,and that the voluntary nature of confession and punishment does not preclude objectively slight coercion,it has been demonstrated that guaranteeing the voluntary nature of confession and punishment plays a positive role in improving the subject status of the prosecuted,motivating the prosecution to plead guilty,and simplifying the legitimacy of procedures.The second part expounds the problems of voluntary guarantee of confession and punishment in China.The first is the insufficient protection of the rights of the respondent.Due to the combined effects of insufficient legal assistance of the on-duty lawyer,limited exercise of the right to information,and lack of defense functions of the attorney,the scope of the rights of the respondent is actually limited.The lack of voluntary protection obligations of the procuratorial organs has further improperly expanded the scope of the interrogator's power and exacerbated the imbalance in the status of both parties.The court as the trial organ has both the responsibility of case fact review and the obligation of voluntary review during the trial.However,in practice,the court does not pay enough attention to the voluntary review of the trial,there are two problems in the formalization of the voluntary review of trials and the different standards of voluntary review.The third part discusses the deep obstacle of voluntary guarantee of confession and punishment,that is,the standard of voluntary guarantee is not clear.Firstly,it analyzes the shortcomings of the construction of voluntary guarantee standards,which are manifested in the lack of dynamic and balanced guarantee standards,the deficiency of guarantee standards under the power care model,and the different understandings of voluntary guarantee standards.Secondly,taking the Brady case as an example,it analyzes the reasons for the difficulty in determining voluntary guarantee standards.Voluntary guarantee standards are affected by both the subjective aspects of the heart and the interference of external judicial environmental pressures.The inconsistent judgments on unreasonable and exceeding necessary limits have caused the voluntary guarantee judgment standards to find difficulties in practice.The fourth part is about the voluntary guarantee standard of The Relations of Power Test.Based on the problem of unclear voluntary guarantee standards in China,the author introduced The Relations of Power Test to determine the scope of the prosecuted person's voluntary confession and the interrogator's ability to intervene in voluntary confession by determining the scope of the rights of the prosecuted person and the interrogator,and finally decided the extent and direction of the power imbalance between the prosecuted and the interrogator.The fifth part is the application of he Relations of Power Test in practice.According to the problems of voluntary guarantee,we strengthen the protection of the rights of the respondent and limit the scope of the power of the procuratorial organ to ensure that the ability of the respondent to voluntarily plead guilty and punishment will not be interfered by the interrogator.At the trial stage,the judge achieves the purpose of voluntary substantive examination by enhancing the independence of the voluntary examination procedure and the differentiation of voluntary examination standards in different procedures.On the basis of factual trials,observe as much as possible all factors that affect the respondent's confession and punishment,and determine whether the pleading guilty and acceptance of punishment of the respondent is voluntary based on the direction and degree of influence of different factors on The Relations of Power Test.