| The leniency system of guilty plea has been in operation for a period of time in China,and the situation of the accused’s regret exists in the cases of guilty plea in reality.In order to give full play to the advantages of the leniency system of guilty plea,it is necessary to conduct in-depth research on the problem of the accused’s regret.In the system of pleading guilty and admitting punishment with leniency,pleading guilty and admitting punishment means that the accused voluntarily and truthfully confesses the facts of the crime,has no objection to the facts of the crime charged by the judicial organ,and voluntarily accepts the punishment made by the judicial organ.As for regret,it means that the accused who has pleaded guilty withdraws his previous confession or promise to plead guilty in subsequent proceedings.The intrinsic value of procedural justice requires that the accused be given the right of regret in the leniency system of pleading guilty.The right of regret of the accused is of great value.It is the inherent requirement of the right of defense.It is an effective way to guarantee the accused’s voluntary confession and punishment.It is also an important guarantee to realize the substantial authenticity.It is also an inevitable requirement to give full play to the advantages of the leniency system of guilty plea.This paper investigates the operation of the accused’s regret in the system of leniency of guilty plea in practice,summarizes the main types of cases,the main reasons and legal consequences of the accused’s regret,and analyzes the problems existing in the practice of the accused’s regret,including: the accused does not know he or she has access to the right of regret,the operation of withdrawing the guilty plea agreement varies from place to place,the validity of confession before regret is not clear,and the regret of the accused is considered to be a bad attitude of confession.In order to solve the problems in practice,we should analyze the causes of the problems and selects the plea bargaining system in the United States and the criminal consultation system in Germany which are close to the leniency system in China,sort out the provisions about the accused’s regret,and compare with the relevant systems in China.By analyzing and summarizing the problems existing in practice,and learning from the beneficial experience of foreign countries,this paper puts forward some suggestions for the improvement of the accused’s regret mechanism in the leniency system of guilty plea.To construct a perfect mechanism of the accused’s regret,the first step should be to clarify the way the accused exercises the right of regret.Before the court makes a judgment,the accused can regret by withdrawing the pleading of guilty and punishing,and appeal after the court makes a judgement.In order to prevent the accused from abusing the right of regret,it is necessary to establish a restraint mechanism of malicious appeal,and the prosecution should grasp the conditions of protest accurately and regulate the exercise of the right to protest;it should be clear that the confession of guilt made before the accused’s regret in the negotiation process shall not be used as evidence,but the objective evidence obtained according to the confession still has the evidential effect;in addition,the procedure selection after the regret shall be determined according to different circumstances of regret and the person handling the case does not need to be replaced after the procedure is changed,aiming to improve the transformation mechanism of procedure after the accused’s regret;Finally,we should make clear the obligation to disclose of the person who handle the case,establish the voluntary review mechanism,and make clear that in principle,the accused will not be punished more severely due to the regret,so as to improve the protection mechanism of the accused’s right to regret,so as to ensure the right to regret plays a practical role. |
