Research On The Prevention Mechanism Of Misjudged Cases Under The Leniency System Of Pleading Guilty And Admitting Punishment

The leniency system for confessing guilt and punishing is a major reform in the field of criminal litigation in our country.It has changed the pattern and appearance of criminal litigation in the traditional sense,and increased the risk of wrongful cases on many levels.In order to promote the smooth advancement and implementation of the leniency system for confessing guilt and punishing,protect the legitimate rights and interests of criminal suspects and defendants,maintain fairness and justice,and promote social harmony and stability,it is indeed necessary to improve the prevention mechanism for wrongful cases in the context of the leniency system for confessing guilt and punishing.In 2019,the control of certification standards,and the play of the role of the lawyer on duty,etc.,provide a specific path for the prevention of wrong cases in the confession,confession and punishment system.Although the system of pleading guilty and punishing mistakes is gradually improving,some details in judicial practice are still difficult to control.Based on the current judicial situation in our country,this article starts from the specific cases in the practice of the confession and punishment system,and analyzes the problems in the prevention mechanism of wrongful cases under the confession and punishment system,including the voluntary review of the confession and punishment.The functions of duty lawyers and the deficiencies in the standard of proof of confession and punishment in the prevention of wrong cases;secondly,analysis of the influencing factors of prevention of wrong cases under the system of confession and punishment,mainly including the imbalance of litigation value at the conceptual level and the recovery of the confession center,and the strength of prosecution at the structural level Uneven;then analyze the specific reasons for the risk of wrongful cases in cases of confession and punishment in practice from the perspectives of the judiciary and the prosecutor;finally,propose a perfect path for the prevention mechanism of wrongful cases under the system of confession and confession of guilt and lenient leniency,and firstly fully protect the suspect The defendant’s confession and punishment are voluntary.Secondly,the duty lawyer’s role in preventing wrongful cases should be fully utilized.The third is to confirm the proof standard of guilty and punished cases and make appropriate amendments,and finally strengthen the protection of the prosecutor’s procedural rights.we hope to achieve the goal of improving the prevention mechanism of wrongful cases under the system of plea guilty and punishing leniency.