On The Voluntaryity Of Pleasant Pleas And Punishment And Its System Guarantee

In the past 20 years,the total number of criminal cases in China has been increasing,and the criminal structure has also undergone major changes.Serious violent crimes have decreased significantly,while the proportion of minor crimes such as drunk driving has increased greatly.In the criminal proceedings,most of the criminal cases because of clear facts,slight circumstances,there is no fierce confrontation between the prosecution and defense,and then in accordance with the ordinary procedure of the case will cause a waste of judicial resources.In order to balance justice and efficiency,China aims at optimizing the allocation of judicial resources and promoting the separation of complicated and simple cases,and gradually explores the establishment of a system of leniency for guilty pleas.The system of leniency for guilty plea not only fully absorbs the reasonable elements of foreign guilty plea procedure,but also highly accords with the needs of China’s national conditions and judicial practice.After five years of efforts,under the joint efforts of all departments,the development of the system of leniency for guilty plea in China has gone through a process from pilot to formal establishment of the criminal procedure law and then to continuous improvement.This means that the system of leniency for guilty plea has been implemented step by step in China.It is not easy to start any reform.As a system that has been fully implemented soon,the system of leniency for guilty plea still has many problems to be improved.Among them,the most discussed one is how to guarantee judicial justice after the efficiency is improved,and the core problem is how to guarantee the voluntary nature of guilty plea punishment of the accused.If the voluntary confession of the accused cannot be guaranteed,the substantive justice of the case will be threatened,and even wrong cases may occur.Therefore,the protection of the voluntary nature of the accused should always be the focus of the study on the system of leniency of guilty plea.There are the following problems in the voluntary protection of the accused in the case of guilty plea: the right to know is not fully realized,the legal evaluation of the facts of the case cannot get effective help,the status of some cases is not equal in the negotiation process of the charge and defense,and the exercise of the right of renege of the accused has obstacles.Greater shall strengthen pleaded guilty to forfeit their system accused person voluntary safeguard,under which requires from confession forfeit from system,in order to protect the accused person voluntary confession forfeit as the core,analyze the confession case abroad for reference,and combining with the judicial practice in our country to explore pleaded guilty to forfeit their voluntary safeguards around a series of problems about voluntary,It proposes to improve the voluntary protection system and measures to better enhance the protection of human rights in the judicial system.