A Study On The Guarantee Of Voluntariness Of The Accused's Confession And Punishment

The connection and balance of "fairness and efficiency" are the directions that contemporary justice is striving to explore.As modern society entered the transitional period,many contradictions emerged,and the expansion of criminal cases brought heavy pressure on handling cases,which led to the face of more conflicts between abiding by fairness and improving efficiency.The confession and punishment system is the institutionalization of our criminal policy of leniency and strictness,and it is a positive reflection of the combination of the criminal policy of leniency and strictness and the application of criminal law.The implementation of the criminal policy of leniency and strictness requires that different treatments be implemented according to the specific circumstances of the crime,so that leniency is lenient,when rigorous is severe,leniency is lenient,and punishment is punished..In this system,the accused person with voluntary confession and accept the punishment,in return for greater simplified processing procedures and entity,based on this,safeguard people being prosecuted for confession forfeit their full and effective voluntary and safeguard case based the authenticity of the facts is the premise of the system validity and legitimacy,is the lifeline for the sustainable development of the system can be benign.The first chapter guilty plea and punishment leniency system.Then it discusses the constituent elements of voluntariness from the three angles of cognition,evaluation and freedom of choice.In addition,it is explained that the value of lies in carrying out the humanization of penalty,realizing fairness and efficiency,and achieving penalty economy.The second chapter analyzes the status quo of voluntary protection in the process of confession and punishment in China.Under the background of national framework documents and local implementation rules,combined with some empirical data on the website of China's judgment documents,this chapter analyzes the non-voluntary factors in the process of litigation,and concludes that the voluntary problems of the accused mainly focus on the unsound voluntary incentive mechanism,the inadequate protection of right of knowledge and right of defense,the imperfect judicial review mode,and the absence of relief provisions.The third and fourth chapter points out that in order to improve the voluntary protection of the accused,we should improve the incentive mechanism,strengthen the effectiveness of the lawyer's intervention,and improve the on-duty lawyer system.In addition,at the trial stage,the judicial review of guilty plea and punishment cases should be improved,and the authenticity review of the basic facts of the case and the voluntary review of the accused should be implemented.In addition,it is necessary to issue uniform standards of leniency and concession,and make clear the limited right of procedure withdrawal and the right of appeal.The key is to ensure the voluntability of the accused.Problem based on voluntary attention,in this paper accused guilty pleas forfeit their constituent elements of voluntary and safeguard value,on the basis of the proceedings may face obstacles to discuss,in order to through the study of voluntary protection mechanism to offer some Suggestions to improve the system of plea greater forfeit,so that the system play its proper function,balance the justice value and efficiency value.