| The meaning of Jujie is that the person prosecuted shows remorse and voluntarily agrees with the criminal entity handling and procedure application behavior,which is externally manifested as the expression of intention of unilateral subject,reflecting the disposition of rights.At the same time,the requirement,leniency basis and procedure standard of Jujie settlement depend on the law.Meanwhile the leniency result of Jujie reflects the negotiation of the prosecution and the defense.As the core behavior,the establishment of Jujie should meet the essential elements and form requirements.The essential elements based on the voluntary,authenticity and legality of pleading guilty and accepting punishment.It is necessary to clarify the voluntary content and adjust its procedural arrangements,while highlighting the substantive examination of authenticity and legality.Formal requirements need to be combined with the litigation stage to determine the standard judgment of Admission of Guilt and Acceptance of Punishment.Jujie behavior reflects dual perspectives.The dynamic level involves the procedural control.The static aspect is related to the guarantee of the effectiveness of the Jujie behavior.The Jujie behavior involves the investigation stage,the prosecution stage and the trial stage.In the stage of investigation,because of the influence of the obligation of "truthful answer",there may be potential conflicts between investigation behavior and voluntary.In the process of prosecution,the emphasis is on judging whether the deed of affirmation meets the requirements of the system of confession and punishment,and further generating the relevant legal documents.In practice,the outstanding embodiment is the lack of negotiation ability.On the one hand,rely on the professional help of lawyers to connect the duty lawyer system with the full coverage of defense.On the other hand,it is necessary to establish relevant systems such as evidence discovery,interpretation of sentencing recommendations to enhance negotiability.There is a lack of regulation on the Jujie behavior formed in the trial stage,the non-necessity of the document should be emphasized.It should be highlighted that the procedural dominance of the court in the recognition of pleading guilty and accepting punishment.The realization of the effectiveness of the Jujie behavior involves the prosecution,the accused and the court.For the prosecution,a series of actions such as public prosecution,court response and protest after the judgment should be restricted.The principle is to abide by the content of pleading guilty and accepting punishment.It can only be revoked under special circumstances.To study the binding effect of Jujie behavior on the person prosecuted,it is necessary to consider the right of the defendant to withdraw the Jujie from the aspects of conditions,procedures,and consequences.For the court,due to institutional standardization and agreeableness of negotiation,Jujie behavior has special expected effect,the final realization of its value depends on the flexible constraint of Jujie behavior. |
