The Prevention Of False Confession Under The System Of Leniency For Confession And Punishment

False confession often occurs in criminal judicial practice in our country.On the one hand,the true guilty person is indulged,which causes the judicial authority to suffer the serious threat;on the other hand,the innocent person is subjected to the penalty,the basic principle of Criminal Law of self-responsibility is violated.Thus,as the value goal of criminal proceedings,to punish crime and protect human rights could not be realized.Moreover,the pilot reform and implementation of the system of leniency to those who confess their crimes also create a space for the "exertion" of false confessions to a certain extent.This system is through the mitigation of the defendant’s punishment in exchange for their voluntary confession of guilt,through the prosecution and defense of both sides of the agreement in order to improve the efficiency of proceedings.However,there is a hidden danger in the application of this system that the real facts of the case are ignored,and the false admission of guilt will take advantage of this situation,leading the proceedings to deviate from the track of the truth of the case,this obviously runs counter to the value goal of probing into the facts of a case in our country’s criminal procedure.Therefore,combined with the characteristics of the system of leniency to those who confess their crimes,this paper discusses a series of related issues of false confession,and through the design of specific procedures and the construction and improvement of supporting systems,in order to provide a concrete and feasible way to guard against false confession.In addition to the introduction,the main body of the article is divided into four chapters.The first chapter examines the definition and identification of false confession.Through sorting out and summarizing the academic theories,this paper defines the concept of false confession,and defines false confession as innocent person’s confession for various subjective and objective reasons.On this basis,the subjective and objective reasons are taken as the basis to divide it into two categories: voluntary false confession and involuntary false confession.The second chapter mainly expounds the phenomenon and causes of false confession in our country’s judicial practice.Firstly,through collecting and screening different types of false confession cases,the conclusion that false confession already exists in our country’s criminal judicial practice is drawn,furthermore,the causes of different types of false confession are discussed.Among them,the causes of voluntary false confession mainly lie in the emotional shield,interest-driven,seeking advantages and avoiding disadvantages,as well as cognitive errors.The causes of involuntary false confession include the skillful interrogation strategy,the absence of lawyer’s right of legal aid and the absence of evidence discovery system.The third chapter explains that as an efficiency-oriented legal system,there is a risk of ignoring the facts of the case,and shake the value of justice.Under this system,there is the possibility that false confession will worsen,the application of leniency in pleading guilty may aggravate the dependence of the investigation organs on the confession,confuse the truthfulness and voluntariness of the confession,result in retaliatory investigation and trial,lead to the formalization of the lawyer’s help,and undermine the principle of the judge’s reservation,innocent indictees also want as much leniency as possible by pleading guilty.Chapter four,on the premise of the above-mentioned content,puts forward the prevention of false confession under the system of leniency of confession and punishment.In order to perfect the system of right protection,we should lay stress on the establishment of the privilege against self-incrimination,the improvement of the lawyer’s effective help mechanism,the guarantee of the right of evidence prior to confession,and the improvement of the accused’s right of repentance.In perfecting the mechanism of power balance,we should perfect the mode of investigation and supervision,strictly abide by the principle of privacy and popularize the system of simultaneous audio and video recording.In addition,it is necessary to establish an independent review mechanism of guilty plea.Through improving the criminal justice system and the related procedure design,in order to achieve the goal of effective prevention of false confession,to ensure the smooth implementation of the leniency system of confession and punishment,and to prevent the occurrence of unjust,false and wrong cases.