On The Right Of Contravention Of The Accused’s Guilty Plea

The leniency system for admitting guilt and accepting punishment has aroused extensive thinking by the public in recent years.How to carry out active negotiation around sentencing issues in judicial practice is an important issue in the process of legalization in our country.Beginning in 2016,as a necessary reform of my country’s criminal justice system,the leniency system for admitting guilt and accepting punishment has been established as a pilot program all over the country,accumulating experience in operation,and today,the application of this system has been gradually added to relevant laws and regulations.situation and operation points.In order to effectively promote the sustainable development of the system,it is still necessary to explore the supporting issues of this value from an academic perspective.In fact,in the leniency system for pleas and punishments,many people put the core of the discussion on voluntary safeguards,believing that safeguards can be both positive and appropriately reversed.Judging from the current researches,the research on the right to confess guilt and punish estoppel is increasing,but it is a little messy,and a systematic vision and thinking should be established to strengthen the research.Therefore,based on the current actual situation in our country,this article will organize a study on the operation of the right of estoppel to plead guilty and accept punishment,in order to gain insight into the dilemma of the accused person exercising the right of estoppel from the status quo,and by drawing on the experience of foreign judicial practice,to protect the current situation of the estoppel.The right of estoppel in the system of confession and punishment of the prosecutor has put forward a perfect suggestion.This paper unifies the right of estoppel,the right of withdrawal and the right of regret in the current industry into the right of estoppel,and points out that the right of estoppel of the accused mainly includes the right to choose litigation procedure and the right to defense.As the right of estoppel is an inevitable requirement to ensure the voluntariness of the accused’s confession and punishment,and an effective way to ensure the autonomy of the accused’s consciousness of confession and punishment,it can reflect the significance of the principle of presumption of innocence in confession and punishment.Therefore,the accused’s exercise of the right of estoppel has a legitimate basis.In the analysis of the current situation of the defendant’s exercise of the right of Estoppel in the system of confession and punishment,this paper objectively combs the legal norms that can be used to exercise the right of estoppel at this stage,reflecting the lack of legal authority in the exercise of current rights.Based on the second instance judgment of province a,this paper makes a realistic investigation on the reasons for the prosecutor’s estoppel.Through the analysis of 92 suitable samples,it is considered that the reasons for the defendant’s estoppel mainly include five aspects:excessive sentencing,objection to the charge,involuntary confession and punishment,technical appeal and malicious estoppel.At this stage,the defendant’s exercise of the right of estoppel mainly includes the lack of necessary institutional regulation,the dispute over the continued use of the original evidence after estoppel,the easy reduction of the proof standard of the case of guilty plea and punishment,the insufficient accuracy and scientificity of the sentencing suggestions of the procuratorial organ,the unclear effectiveness of the statement of guilty plea and punishment,the insufficient protection of the defendant’s right to inform and defend before estoppel After reneging,the accused has the risk of heavier punishment and other problems.It further investigates the experience of judicial treatment inside and outside the domain after the defendant’s estoppel,so as to obtain some enlightenment of judicial treatment,and emphasizes that the defendant’s right to estoppel should be established,and the evidence of confession before the defendant’s estoppel should be excluded.Firstly,it proposes to improve the legal protection of the defendant’s right to plead guilty.Finally,it puts forward some suggestions on the protection of the defendant’s right to plead guilty in the criminal procedure law;Emphasize that guilty confession should not be used as evidence;Appeal for the relevant parties’ estoppel in the case of pleading guilty and admitting punishment to have the necessary legal standard of proof to adhere to;It is required that the sentencing suggestions of procuratorates and other organizations should be accurate;We should clearly maintain a negative attitude towards the evidentiary qualification of the confession and punishment affidavit in the post estoppel procedure;We should enlarge the role of the defender and protect the accused’s right to inform and defend through the implementation of effective defense;Finally,in principle,the punishment will not be increased due to estoppel.In this paper,the research on the defendant’s right of Estoppel in the leniency system of confession and punishment can not only reflect the practical significance of the reasonable and legal protection of the defendant’s legitimate rights in practice.It can also grasp the relevant problems related to the exercise of the right of estoppel from the theoretical level,gradually improve the systematicness and depth of the problem research,and expand the theoretical cognition of the relief and restriction of the exercise of the right of estoppel.