On The Right Of Estoppel Of The Accused In The Leniency System Of Admitting Guilt And Accepting Punishment

After the system of pleading guilty and accepting punishment leniently entered the law,it played an important role in saving judicial resources and improving litigation efficiency.According to the National Procurator-General Conference held in early 2020,in December 2019,the applicable rate of the leniency system for pleading guilty has exceeded 80%.However,there are still many detailed problems in the rapid operation of the system,which are worthy of in-depth study.If insufficient attention is paid to it,the risk of self-attack may occur,which will erode the realization of the original intention of the system and delay the process of system maturity.For example,how to regulate and protect the accused's right to repent is crucial to ensure the smooth implementation of the system of pleading guilty and lenient punishment.Therefore,it is necessary to realize that the accused's right of estoppel has its particularity under the system of pleading guilty and lenient punishment,and the specific connotation of the right of estoppel should be interpreted differently in different stages of criminal proceedings.The exercise of the right of estoppel is a double-edged sword,which is based on legitimacy and accompanied by judicial risks.By analyzing the relevant provisions on the accused's estoppel and the judicial status quo of the accused's estoppel in China's laws,it is found that the legislature did not pay enough attention to the estoppel right,the judiciary did not fully understand the nature of the accused's confession and punishment,and lacked sufficient motivation to protect the accused's right.As a result,in judicial practice,on the one hand,there is no clear basis for the accused to exercise the estoppel right,which restricts the relief function of the estoppel right,and on the other hand,abuse and improper estoppel appear,which bring severe challenges to the improvement of litigation efficiency.Therefore,in the repair and improvement of the system,when constructing the right of estoppel of the accused in the lenient system of pleading guilty and accepting punishment from two angles of guarantee and restriction,it should not be too radical,and it should not be too conservative to learn from the provisions of foreign consultative justice,and it should not go around under the litigation mode of authoritarianism,so it will not move forward.In short,we should try our best to find the best balance between justice and efficiency in the program design.The relevant provisions of the right of estoppel,which are not clear in the system,can be made clear in the judicial interpretation or normative documents,and the conditions and legal consequences of the exercise of the right of estoppel should be determined according to the consumption of judicial resources by the progressive procedure.At the same time,malicious estoppel and improper appeals should be regulated.The existing legal provisions in the system,such as the right to appeal,the right to protest,and the duty lawyer's provisions,can be repaired and adjusted within the scope of law according to the maturity of the system of pleading guilty and accepting punishment in China.