On The Voluntariness Of The Prosecutor's Admission Of Guilt And Punishment And Its System Guarantee

This thesis includes three parts except for introduction and conclusion.Part I explains what is the "voluntary" and the system of leniency based on peccavi and it's significance.The core concept of "guilty plea" means the defendants admit the basic criminal facts or main criminal facts charged voluntary on the system of leniency based on peccavi.The concept of "peccavi" means the commitment of substantive punishment.Lenient Punishments means pettiness of a crime,or mitigation of or exemption from criminal liability in substance or light compulsory measure.The meaning of voluntary in the system for imposing lenient punishments on those confessing to their crimes and accepting punishments does' t has any different with voluntary confession in criminal investigation.However,it has higher requirements during the criminal examination and prosecution,or trial of a case,that is effective legal help and understand what is the nature of the accusation and the legal consequences of the plea guilty.Protecting the accused's voluntary confession is beneficial to improve the efficiency of the proceedings.Of course,It reflects the substantive and procedural justice.Part II analysis the situation about how to security voluntary.It is valued highly from those existing regulations,paying attention to the scope of application,right to know and counsel and so on.But there are still serious practical obstacles.It includes two aspects,the first one is we are lacking of the guarantee system of rights,the second is the lack of power restriction mechanism.Part III is about how to guarantee the defendants admit confession voluntary on the system of leniency based on peccavi.In order to protect the suspect or defendant admit confession voluntary,we need to improve the rights protection system,such as the right to know,consult with lawyers and the right of relief.At the same time,it is necessary to restrain some powers in order to reduce the probability of forced confession.For example,the lawyer is present during the interrogation or supervising the recording procedures.Besides,investigators as witnesses in court also have important significance.Of course,judges should also make strict judgments about voluntariness.