Research On Voluntary Guarantee Of Admission Of Guilty And Acceptance Of Punishment

Fully guaranteeing the voluntariness of confession and punishment is the key to the implementation of the leniency system.Since the 2018 revision of the Criminal Procedure Law established the leniency system for confessing guilt and punishing,the judicial organs have provided notification obligations and the court’s review responsibilities in terms of the voluntary protection of guilty and punished prosecutors.A duty lawyer system has been established to clarify the duties and enjoyment of duty lawyers.Lawsuit rights,and proposed to explore the evidence discovery system.These regulations are mainly designed and developed around the voluntary protection of the accused,but these regulations are relatively macro and lack clear requirements for ease of operation.Therefore,it is necessary to carry out a systematic and empirical study on the voluntariness of the prosecutor’s confession of guilt and punishment.Based on the empirical analysis of the application of the confession and punishment system in the criminal cases of the first instance in the basic courts,this article combines the current situation of the protection of voluntary confession of guilt and punishment in my country,and puts forward the problems in the voluntary protection of confession and punishment and proposes a perfect idea.The full text is divided into five parts:The first part is the empirical analysis of the application of the guilty pleas and punishment system and the status quo of voluntary protection legislation.First,analyze and sort out the practice of the leniency system for confessing guilt and acknowledgment of punishment embodied in the criminal judgments of the three basic-level courts,and then from the prosecutor’s right to know,the right to obtain legal assistance,the judicial review obligation,the prosecutor’s right to confess guilty and confess punishment withdrawn,and repent.In all aspects,we review the current legislative status of my country’s current voluntary protection of guilty and punishment.The second part is an analysis of the problems and reasons in the voluntary guarantee of confession of guilt and punishment in our country.Combining the content of the first part,it is pointed out that in judicial practice,the protection of the prosecution’s voluntary confession and punishment has insufficient notification of litigation rights and legal consequences,the falsification of the voluntary review of guilty confession,and the absence of effective legal assistance,etc.,and analyzes its production.s reason.The third part conducts a rational analysis of the value and judgment criteria of the voluntary nature of confession and punishment.Ensuring the voluntariness of confessing guilt and punishing is conducive to maintaining the prosecution’s status as the subject of litigation,protecting the prosecution’s procedural rights,ensuring the legitimacy of simplification of procedures and the rationality of substantial lenient,and conforms to the concept of restorative justice.It also proposed that the judgment of the prosecutor’s voluntariness in confessing guilt and punishing should adopt a unified subjective and objective standard.The fourth part makes a comparative analysis of the experience of voluntary safeguard legislation in similar systems in the construction of extraterritorial negotiated justice.The judicial review system in the American plea bargaining system,the right to read the files of the prosecutor in the German guilty plea negotiation system,and the compulsory defense system in the Taiwan guilty plea negotiation system are all provisions on voluntary guarantees.These provisions are analyzed On the basis of this,it summarizes the experience of extraterritorial legislation to provide reference and reference for perfecting the construction of my country’s voluntary guarantee system for confession of guilt and punishment.The fifth part puts forward a specific idea of perfecting the voluntary protection of the prosecutor’s confession of guilt and punishment.To protect the voluntariness of the prosecutor’s confession of guilt and punished voluntariness,it is necessary to strictly fulfill the comprehensive obligation of notification,establish an evidence discovery system,strengthen the voluntary review procedure for confessing guilt and punished punishment,and strengthen effective legal assistance,etc.,through clear judgment standards for voluntary determination,refinement and Standardizing the various systems and procedures of voluntary guarantees makes my country’s voluntary mechanism for guaranteeing confession of guilt and punishment more targeted,operable and reasonable.