Research On The Voluntary Protection Of The Prosecutor's Confession Of Guilt And Punishment

The system of giving leniency to those admitting guilt and recognizing punishment is based on the criminal policy of combining leniency with severity,which embodies the law of modern social governance crimes and is of great significance for saving judicial resources and enhancing the legitimacy of punishment.However,the pursuit of efficiency cannot be at the expense of the basic rights and interests of the relevant parties.In order to prevent the innocent from being investigated for criminal responsibility and the guilty from being unfairly punished,it is necessary to ensure the voluntariness of the accused's confession and punishment,so as to demonstrate the legitimacy and fairness of judicial activities.However,voluntariness actually belongs to the category of psychology after all.Due to its inherent subjectivity,it cannot be accurately defined in words.This paper attempts to make a general definition of voluntariness by means of the trichotomy of subjective psychology.At the same time,it is proposed to define voluntariness in the procedure-based way of positive description and negative enumeration.Through the classification of voluntariness,deconstruction,and objectification of the four elements after deconstruction,we can fully and deeply understand the concept of voluntariness.The overall structure and content of this article are as follows: The first part is the introduction,which consists of an overview of the system of admitting guilt and recognizing punishment,a definition of the voluntariness of admitting guilt and recognizing punishment,and the significance of the protection of the voluntariness of admitting guilt and recognizing punishment.Firstly,it summarizes the system of admitting guilt and recognizing punishment.This part briefly introduces the origin and development of the system of admitting guilt and recognizing punishment and also expounds the significance of voluntariness to the system of admitting guilt and recognizing punishment.Then,through the procedure-based interpretation of voluntariness,the classification of voluntariness,the deconstruction of voluntariness and the objectification of the elements of voluntariness,this part recognizes and defines the voluntariness in the system of admitting guilt and recognizing punishment,and clarifies its connotation andextension,as well as establishes the value of voluntary protection by clarifying its meaning.After that,the paper introduces the contents of voluntary protection in similar systems in the United States represented by Anglo-American law system,Germany represented by continental law system,and Taiwan region of China,so as to examine voluntary protection from the global perspective,so as to have a more full and extensive understanding of voluntary protection.The third part of this paper sorts out the current situation of voluntary protection in China's current confession and punishment system and clarifies the current situation of voluntary protection in China from five aspects: personal freedom,truthful confession and prohibition of forced self-incrimination,right to be informed,legal assistance rights of duty lawyers,trial review,renegade and withdrawal.The fourth part perfects the voluntary guarantee on the basis of the four elements of voluntariness.By establishing the principle of non-detention to guarantee the external freedom,this part explores establishing the right to keep silent to guarantee the internal freedom as a starting point,improving the right to know,perfecting the duty lawyer system to provide comprehensive auxiliary protection to the voluntariness,adopting the combination of comprehensive notification and key review to give voluntary judicial protection in court hearings and endowing the right to repentance as the final protection to the voluntariness.This paper deconstructs voluntariness into freedom,knowledge,authenticity,and autonomy,and takes the four elements as the mainline.Through the definition and objectification of the four elements,it makes voluntariness a recognizable form.Both the objectification of voluntariness and improving the protection of voluntariness are based on and around the four elements,which makes the examination and identification of voluntariness more feasible and makes the protection of voluntariness more reasonable and targeted.