Research On The Regret Of The Respondent In The System Of Leniency For Confession And Acceptance Of Punishment

From the perspective of " the right to leniency for confession and acceptance of punishment" and "estoppel in contract",it can not fully reflect the legislative spirit of the system of leniency for confession and acceptance of punishment.Admitting that the accused has the right of estoppel not only has the practical consideration of ensuring the smooth progress of the system,but also reflects the modern criminal legal spirit of presumption of innocence and opposing forced self incrimination to a certain extent.From the theory of legislation to the theory of interpretation,to allow the accused to repent in the system of leniency for confession and acceptance of punishment,we must solve the problems of "whether to be lenient after repentance","how to be lenient","how to apply the litigation procedure after repentance" and "the evidence effect of previous confession after repentance" in the theoretical level,to realize the value of the system.This paper is divided into four parts.The first part puts forward the core issue of "whether there is,should be and how to have the right of estoppel" in China’s confession and punishment system by examining the provisions of "estoppel" in the "guidance on the application of confession and punishment leniency system";In the second part,the author sorts out the discussion of "the right of estoppel" in the field of criminal procedure law in China,explains the views of "the right of confession","the theory of contract estoppel","the theory of special immunity against forced self incrimination" and "the theory of voluntary guarantee of confession",And from the perspective of legislative spirit and system practice,it puts forward the proper form of "estoppel right";The third part mainly discusses the withdrawal of the defense system in the American plea bargaining system.Through the analysis of the reasons for the withdrawal of the defense system,withdrawal effect,the relevant rules of voluntary protection,in order to provide a comparative law reference for China’s plea bargaining system;The fourth part constructs the defendant’s estoppel system based on the above arguments.