On The Guarantee Path Of The Voluntary Plea Of Guilt And Punishment

The substantial increase in the rate of lenient application of guilty pleas and punishment has indeed played the efficiency function inherent in the system itself,but whether sufficient attention has been paid to justice and whether an appropriate balance can be maintained between justice and efficiency remains to be fully assessed.Under the construction of China’s current criminal procedure system,the rights of the accused,especially the procedural rights,face many institutional risks,making the legality and legitimacy elements of the system of plea guilty and punishing leniency——voluntary protection is also in jeopardy.In short,we can really solve the problems encountered in practice by considering the in-depth operational logic of my country’s criminal proceedings and the specific conditions of the implementation of the confession and punishment leniency system.This article takes as the overall framework the research on the voluntary guarantee of the prosecutor’s confession of guilt and confession under the leniency system,chapterⅠ introduces the core issues that need to be studied in this article by reflecting on the internal logic of the high application rate of the leniency system for confession and punishment——plea guilty and punished voluntary protection;Chapter Ⅱ starts from the perspective of academic research and analyzes the theoretical factors that affect the voluntary of confession and punishment,and then examines and summarizes the current dilemmas and harms of six types of defendants’ voluntary protection;Chapter III typified analysis of some characteristic experiences and methods of voluntary protection of prosecutors in the extraterritorial negotiated judicial system,and taking advantage of their advantages will inspire the construction of voluntary protection of guilty confession and punishment in my country;Chapter IV,combined with the previous article,puts forward four perfect opinions on the predicament of voluntary protection of confession,confession and punishment,in order to better promote the function of the system of confession,confession and punishment,balance the value of justice and efficiency,and strengthen the protection of human rights.