Research On Right Of Rescission Of Confession Of Guilt And Acceptance Of Punishment Leniency System

In 2014,China began to explore the confession of guilt and acceptance of punishment leniency system.After more than four years,the new amendment to the 《Criminal Procedure Law》in 2018 officially incorporated the confession of guilt and acceptance of punishment leniency system into legal provisions,which focuses on guarantee of the accused’s voluntariness in the confession of guilt and acceptance of punishment leniency system,but without a clear stipulate about the accused’s right of rescission.However,in the pilot work,judicial practice in various places has shown the situation that the accused regrets after confession.Due to the lagging nature of the law,there is no uniform and specific standard for the treatment of this type of issue,which is not conducive to the protection of the rights of the accused,but also causes a waste of judicial resources.If the confession of guilt and acceptance of punishment leniency system does not give the accused the right to regret,then the confession agreement obtained when the accused is coerced will become the basis of conviction,which will lead to the occurrence of unjust,false and wrong cases.The reasonable exercise of the right of rescission to confession will help to protect the voluntary nature of the confession of guilt and punishment.This is also the proper meaning of this system.But it will also cause the situation that abusing and wasting of judicial resources if the given right of rescission to the accused can’t be well controlled.Therefore,in order to guarantee the effective implementation of the confession of guilt and acceptance of punishment leniency system,and to protect the lawful rights and interests of the accused,the right of rescission should be studied.This article takes the accused’s right of rescission as the research object,which is divided into three parts.The first part starts with confession of guilt and acceptance of punishment leniency system,and introduces the meaning of "confession of guilt","confession of punishment" and "leniency".The meaning of the confession of guilt and acceptance of punishment leniency system is explained,which leads to the meaning and nature of the right of rescission of the accused in the confession of guilt and punishment system.The accused’s right of rescission is a procedural remedy exclusive to them.Secondly,by elaborating the necessity and legitimacy of granting the right of rescission to the accused in the confession of guilt and punishment system,it lays a theoretical foundation for the construction of the right of rescission.The second part analyzes the exercise of the right of rescission of the accused in China.Firstly,the status of the accused’s right of rescission in the trial of confession of guilt and punishment is introduced in detail from two aspects of legislative practice and judicial practice.Secondly,it discusses the lack of institutional protection,the abuse of rights,and the adverse consequences of exercising rights when the right of rescission is exercised.The third part aims at the problems mentioned before,and provides practical suggestions for improving our country’s right of rescission.Clarify the subject and method,the reasons and stages,the legal consequences of the exercise,and the supporting measures to improve the exercise of the right of rescission.