Research On The Standard Of Proof In Plea Cases

The system of lenient punishment for guilt admission and punishment acceptance is in line with the current requirements of criminal justice,which is to deal with simple cases quickly and difficult cases precisely.Efficiency is the core essence and justice is an important value to pursue.Reasonable and appropriate standard of proof can effectively improve the efficiency of criminal procedure and avoid wrongful cases,although the current strict standard of proof can effectively prevent the risk of wrongfulness,but it is incompatible with the simplified court proceedings.If we can reduce the objective standard of proof appropriately,the balance between the value of efficiency and the value of justice can be achieved.It is conducive to implementing the criminal policy of leniency and severity,and it also can respond to the development trend of international criminal proceedings.The United States has significantly reduced the standard of proof in plea bargaining.Italy has also reduced the standard of proof in plea bargaining.Germany has insisted on the legal standard of proof in plea bargaining system,but has attracted criticism from the practical and theoretical circles,the judicial organization is re-examining the standard of proof now.There are many differences between our system and foreign systems,but the due process can be learned,we should explore a reasonable standard of proof according to national conditions.The legal rights and interests of defendants can be protected and the basis of legitimacy can be strengthened by exploring the system of evidence discovery,audio and video recording of the entire plea process,and ensuring the effective participation of lawyers.