| With the establishment and improvement of the leniency system for guilty pleas and punishments,on the one hand,China’s criminal procedure system adopts the development path of crossing the third paradigm and directly moving into the fourth paradigm,and in order to reduce the risk of directly entering the fourth paradigm and ensure the relief of consultative justice,the procedural reversal mechanism has become one of the important relief mechanisms in the practice of the leniency system for guilty pleas and punishment.On the other hand,the three-element structure of China’s criminal procedure has the possibility of transforming into the dual structure of "yes denying guilt",and the procedural reversal mechanism is placed under the framework of the plea system to explore and conform to the forward-looking development of China’s criminal procedure.Therefore,it is particularly important to establish and improve the procedural reversal mechanism in the leniency system for guilty pleas and punishments.At present,the research perspective on procedural reversal in China focuses more on the problems,causes and corresponding system improvement countermeasures of procedural reversal at a certain stage of litigation,such as the prosecution stage,trial stage,and death penalty review stage,while the research on the background of the procedural reversal mechanism as a whole in China’s plea and punishment leniency system needs to be further deepened.Through normative analysis combined with value analysis,extraterritorial comparative analysis and other research methods,this paper finds that under the system of leniency in pleading guilty and accepting punishment,there are types of procedural reversal such as court discretionary adjustment procedures,remand for retrial by higher courts,withdrawal of prosecution by procuratorates,return for supplementary investigation,procuratorial supervision adjustment procedures,and repentance and return of the defendant.Through the analysis of the types of procedural reversals and the phenomenon of procedural reversals in the above practice,it is proposed that the procedural reversal mechanism under China’s lenient system of guilty pleas and punishments still has problems such as low entry threshold for procedural reversal,frequent abnormal reversals based on performance appraisals by judicial organs,and difficulty in determining the validity of evidence.The poor operation of the procedural reversal mechanism of the lenient system for guilty pleas and punishments is mainly caused by the imperfect laws and regulations on the relevant procedural reversal,the imperfect safeguards review and supervision mechanism in the lenient system for guilty pleas and punishments,and the unclear powers and responsibilities of judicial organs.In terms of improving suggestions,take problems and causes as the axis,explore the construction of a procedural reversal mechanism in the plea system based on improving laws and regulations,with the establishment of procedural reversal obstacles,the improvement of procedural reversal system connection,and the improvement of judicial performance appraisal system as supporting measures.In addition,in order to reduce the phenomenon that pleas of guilt and punishment are procedural reversals in the operation of the system,judicial control should be exercised from the source,and by strengthening the protection of the "three natures" of the defendant’s admission of guilt and punishment,a guarantee and review mechanism for the voluntariness,authenticity,and wisdom of the prosecuted person should be constructed,including establishing the obligation of multiple parties to inform,improving the effectiveness of lawyers’ assistance,and constructing a two-way discovery model.Further clarify the distribution of powers and responsibilities and boundaries of the public security,procuratorates,and courts in the plea leniency system,and eliminate potential external procedural reversal factors to ensure the smooth implementation of the plea leniency system. |
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