A Study On Defendant Rescission Problems In Lenient System Of Confession And Punishment

On the basis of the pilot work of lenient system of confession and punishment in 2016,lenient system of confession and punishment was formally established in the amendment of Criminal Procedure Law of the People's Republic of China on October 26,2018.The implementation of lenient system of confession and punishment is conducive to improving the efficiency of criminal proceedings,saving judicial resources and solving the problem of more cases with less case handling personnel.Nevertheless,with the promotional implementation in judicial practice,a phenomenon in the system occurred that a large number of defendant rescission after confession and punishment for various reasons.As a key to protecting their voluntary nature of confession and punishment,the right of defendant rescission deserves attention.However,if the defendant abuse the right to renege at will,it will deviate from the system to save litigation resources and realize the purpose of case diversion.At present,relevant legislative provisions of the defendant rescission are relatively scattered and lack of systematization.In practice,a series of problems occur,such as lack of normative basis for the exercise of the right of reneging,inconsistent response of the case handling organs after reneging,and lack of uniform standards in handling cases,which is not only unfavorable to protect the rights and interests of the defendant,but also affects the effective implementation of the lenient system of confession and punishment.Therefore,it is necessary to carry out a comprehensive study on the reneging of defendant in lenient system of confession and punishment based on practice,in order to construct a scientific and systematic mechanism of the reneging of the accused.In addition to the introduction and conclusion parts,this paper is divided into four parts:The first part discusses the basic theory of the defendant rescission in lenient system of confession and punishment.This part is mainly based on the relevant legal provisions of the current confession and punishment,summarizes the concept and classification of the renege of the accused in the lenient system of confession and punishment and analyzes the necessity of allowing defendant rescission on this basis.The second part analyzes the current situation and existing problems of the defendant rescission.The paper investigates the current practical state of defendant rescission in cases of confession and punishment.Through the analysis of relevant cases and data,the paper clarifies the stage and concrete performance of the defendant rescission,and probes into the concrete reasons and existing problems in the practice of defendant rescission.In the third part,the paper examines relevant extraterritorial provisions and mainly examines relevant provisions of the more mature development of extraterritorial countries and regions on the defendant rescission in order to provide reference for the perfection of the rescission mechanism of the accused.In the fourth part,the paper puts forward some suggestions to improve the mechanism of rescission.Based on the above research,this paper attempts to put forward the idea of solving the problem,and puts forward the countermeasures to perfect the mechanism of rescission in the lenient system of confession and punishment.This paper proposes to perfect the normative basis of initiation defendant rescission right,the procedural response mechanism and related supporting mechanism of the case handling organs after reneging.Besides,the paper treats the application of the confession evidence before reneging and the avoidance of the case handling personnel differently,so as to construct a scientific and reasonable mechanism of rescission in line with our national conditions.