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

In 2018,the leniency system of pleading guilty and punishment was written into the newly revised criminal procedure law of the People's Republic of China,which has played a huge advantage in improving the efficiency of litigation and alleviated the problem of more cases and fewer people in China.In practice,it often happens that the accused and the accused go back on their word for various reasons after signing the agreement of guilty plea.Because of the lack of uniform regulations,the judicial organs in different places have different treatment of the accused's confession.We should clearly stipulate that the accused has the right to go back on his promise in the law,it also explores the construction of the right of revocation of the accused within the framework of the system of leniency of guilty plea.Through the introduction of the meaning,nature and value basis of the right of estoppel,it is clear that the accused has the right of estoppel to plead guilty and accept punishment;secondly,the reasons of the accused's estoppel are empirically investigated through specific cases.This paper selects 58 cases of confession and leniency of punishment heard by Jinan Intermediate People's court in 2020 to sort out,and finds that the main reasons of confession are "excessive sentencing","objection to evidence,facts,charges and sentencing";third,the appeal reason of the accused's estoppel is only superficial,and the deep-seated reason behind the system is fundamental,which can be attributed to "unequal negotiation,insufficient legal help,insufficient sentencing preference supply,insufficient voluntary review",etc.;fourth,it analyzes the existing problems of the accused's estoppel under the current system.Such as the poor connection of different procedures after estoppel,the risk of malicious aggravation of punishment for the accused after estoppel,the imperfect withdrawal procedure of guilty plea agreement,the imperfect Estoppel and voluntary review and guarantee mechanism,and technical appeal.Fifth,it is proposed to explore the system of the right of estoppel for the accused Degree construction.By clarifying the specific circumstances of the accused's estoppel,the justifiable reasons for Estoppel and the legal effect after the exercise of the right of estoppel,and at the same time protecting the exercise of the right of estoppel of the accused from many aspects.In this way,the system model of the right of revocation of the accused in the system of leniency for guilty plea is constructed.