Research On The Prevention Mechanism Of Wrongdoing In Plea Cases

With the in-depth application of the plea-bargaining system,the diversion of criminal cases has been effectively promoted.The allocation of judicial resources in China has also been further optimised,but there are inevitably cases of wrongful convictions in plea cases.It is often the high-impact retrial criminal cases that gain more attention in practice,but it is the misdemeanour cases in plea cases that have the widest and most widespread impact on the public,and are also the most easily overlooked.If the risk of wrongdoing in plea cases is not prevented,there is no way to ensure the true integration of fairness and efficiency,nor is it conducive to the long-term development of China’s plea-bargaining system.In order to ensure that the advantages of the plea leniency system are given full play,it is necessary to comprehensively understand the types and causes of wrongdoing in plea cases,avoid the risk of wrongdoing in plea cases,and further improve the mechanism for preventing wrongdoing in plea cases.The analysis of the types of wrongdoing in plea cases and the discussion of the causes of wrongdoing in plea cases are conducive to revealing the problems that arise in the wrongdoing prevention mechanism of plea cases in China.The plea system has changed the previous structure of the prosecution and defence trial,presenting a situation where the procuratorial authorities are dominant.The procuratorial authorities’ involvement in plea cases has resulted in a one-sided pursuit of the application rate,and hence an overstatement of the value of efficiency.This,coupled with the lack of protection of the defendant’s subject position and the limited assistance of duty counsel,prevented the prosecution and defence from consulting on an equal footing.Also,there is a lack of substantive scrutiny by the courts in dealing with plea cases to ensure the authenticity of plea cases.All of these factors may lead to wrongful convictions in plea cases.China has provided for preventive measures for wrongful convictions in plea cases,but there are certain shortcomings that are not sufficient to address the range of wrongful convictions that arise in plea cases.There are many similarities between China’s plea cases and the judicial negotiation cases,especially the plea bargaining cases in the United States,in terms of the creation and prevention of wrongdoing;learn from the United States’ wrongdoing prevention mechanism to ensure the voluntariness of the prosecuted person’s plea,prevent the oppressive power of the prosecution,and guarantee the substantive participation of lawyers.It also draws on the German mechanism for the prevention of wrongdoing in criminal negotiation cases,which requires transparency and the obligation to record the negotiation,the judge’s obligation to review the authenticity,and the improvement of the right to appeal.Finally,the error prevention mechanism for plea cases in China is improved in five specific ways: examination of the voluntariness of the defendant,adherence to the statutory standard of proof,improvement of the duty counsel system,exercise of the judge’s due diligence in the trial,and ways of relief for the plea system,in order to reduce the chances of error in plea cases.