The Standard Of Proof Of The Facts Of Conviction In The Guilty Plea Case

On June 27,2014,the Standing Committee of the National People’s Congress(NPC)decided to authorize the Supreme People’s Court and the Supreme People’s Procuratorate(SPP)to carry out trials of expedited criminal trial procedures in 18 cities,including Beijing and Tianjin,to simplify the handling of specific criminal cases in which the accused had made a confession.But so far,there are no special provisions on the standard of proof of conviction in guilty plea cases.As for the proof standard of conviction in the case of guilty plea,the mainstream view is that strict proof standard should be applied.However,the author believes that strict proof standards can accurately identify the facts of cases,but the need to consume a large amount of judicial resources,which makes the contradiction of "few cases" in our country more prominent at present.In order to achieve the purpose of quick settlement of cases,the standard of proof applied by trial judges is reduced implicitly,and the court hearing is gradually formalized and formalized.Trial judges tend to ignore trial investigations based on guilty pleas.Although the United States has lowered the standard of proof in the pleadingbargaining system,it still reviews the voluntary nature of a guilty plea made by a defendant.Germany insists on applying strict proof standards in the confession negotiation system,but this regulation has been criticized by academic and practical circles.It is because of the strict standard of proof in the case of guilty plea that the value of the lenient system of guilty plea cannot be brought into full play,and even has a negative impact on the case trial.Therefore,the proof standard of conviction facts in guilty plea cases with the maximum statutory penalty of less than three years of imprisonment should be appropriately lowered to ensure that the main criminal facts are clear,the key evidence is true,sufficient,and to achieve a high probability.While appropriately reducing the proof standard of conviction in the case of guilty plea,we should also establish a perfect guarantee system,such as strengthening the supervision of the public prosecution organ to the investigation organ,strengthening the judicial review comprehensively,introducing the notary system in the process of guilty confession,strengthening the evidence of guilty confession and strengthening the interpretation of the trial judge.To ensure that the lowering of the standard of proof is carried out in a certain range,and to ensure that the appropriate lowering of the standard of proof of conviction will not lead to the occurrence of miscarriages of justice and other consequences.