The Perfect Way Of The Defendant’s Procedural Choice Under The Leniency System Of Confession And Punishment

The defendant’s procedural choice is a basic procedural litigation right,but its entry into the field of criminal procedure research in my country is relatively late,and it has not received extensive attention from academic circles.With the publication of the "Guiding Opinions on the Application of the Leniency system of confession and punishment" in 2019,the term "Procedural Option" appeared directly in the legal text for the first time,providing for the procedural option in the context of Leniency system of confession and punishment.The basis and starting point worthy of further exploration.However,the new guidelines have not completely resolved the application dilemma that once existed,and at the same time new problems have arisen.This article takes the "Guiding Opinions on the Application of the Leniency system of confession and punishment" as the starting point,and analyzes the application dilemma of the exercise of the right in order to explore a perfect path.The full text is divided into four parts,the specific content is as follows:The first part is based on the summary of the procedural choice theory under the Leniency system of confession and punishment,analyzing its value manifestation in the system of due process,protecting the human rights of the accused,improving the efficiency of litigation,and strengthening the status of the defendant as the subject of litigation.On this basis,the second part explores the existing dilemma of the application of procedural options in our country from multiple angles,combined with the current status of legislation for this right under my country’s existing system.The existing dilemmas include the lack of specific guidance caused by the vague content of the legislation itself,and the incompatibility with the lenient mechanism of confession and punishment in the practice of judicial organs.The third part analyzes the existing problems in three aspects: the procedural choice theory itself,the awareness of judicial system operation and the related matching system.The fourth part explores the defendant’s procedural choice in confession by establishing corresponding procedural legislation,expanding the scope of the subject’s qualifications for the exercise of the procedure,guaranteeing multiple channels from pretrial procedures to relief procedures,and strengthening the supporting use of the on-duty lawyer system.The way to improve the existing problems under the Leniency system of confession and punishment to realize the improvement and protection of the lawful exercise of the defendant’s right of procedural choice under the system of confession and punishment.