A Study On The Voluntariness Of Prosecutors Under The System Of Plea Guilty And Punished Lenient

On October 26,2018,the criminal procedure law of the People's Republic of China(hereinafter referred to as the "criminal procedure law")was amended,and the lenient punishment system for guilty plea,which was in the pilot stage,was smoothly integrated into the criminal procedure law,and officially elevated to a legal norm and implemented nationwide.The voluntary confession and punishment of the accused is the premise and foundation to ensure the smooth implementation of the lenient system of confession and punishment.The design purpose of lenient punishment system is to save judicial resources and improve the efficiency of case handling.Therefore,in practice,it is necessary for judicial organs to confirm the voluntary nature of confession and punishment.However,the existing laws and regulations still cannot meet the actual needs of judicial confirmation work by judicial organs,and there are many bottlenecks in the voluntary judicial confirmation process of the accused that need to be broken through.Therefore,the subjective and objective judgment standards of the accused's voluntariness should be clarified,the voluntary safeguard system and relief measures should be improved,and the voluntary examination system should be improved,so as to ensure the voluntariness of the accused's confession and punishment,and to realize the smooth implementation of the lenient punishment system.