Research On The Protection Of The Rights Of The Accused In The Case Of Confession Penalty

In order to optimize the allocation of judicial resources,ease the pressure of the judicial organs to handle cases,realize the complexity of the case,improve the efficiency of criminal proceedings,2016 China carried out a criminal case guilty plea penalty leniency system pilot reform work.In the case of pleading guilty to penalty,the accused person will obtain substantive leniency and procedural simplicity as a result of the guilty plea penalty,but the accused person will also lose the opportunity to defend himself or herself,and some of his procedural rights in the trial will be restricted.In the case of pleading guilty penalty,the protection of the rights of the accused is always a problem that can not be ignored,and in the process of the pilot reform,there is indeed a problem of inadequate protection of the rights of the accused,and solving these problems is of great significance for perfecting the system of pleading guilty penalty in our country and truly giving full play to its function and function.In this paper,the rights protection of the sued person in the case of guilty plea penalty is the research object,which is divided into four parts.The first part first introduces what is "pleading guilty",and expounds it from three aspects: the meaning of "guilty plea",the meaning of "confession and punishment" and the "lenient" effect of confession and punishment.The second part,respectively,takes the plea bargaining system of the United States and the plea bargaining system in Germany as the object of investigation,and studies the guarantee of the rights of the accused under these two systems.Two different systems are designed to ensure the voluntary,legitimacy,impartiality and transparency of the penalty of the accused to the greatest extent,which is of reference significance to our country.The third part probes into and analyzes the problems existing in the protection of the rights of the penalty in the case of pleading guilty in our country,and points out that there is insufficient protection of the subject status of the accused person in the case of the guilty plea penalty in our country,and the interests of the person being sued are uncertain,These issues are inadequate voluntary safeguards for the person being prosecuted and insufficient guarantees of the right to defence of the person being prosecuted.Part Ⅳ provides some solutions to the problems raised in the third part.First of all,we should guarantee the right of knowledge of the accused person,give the litigant the right of choice of procedure,and protect the right of estoppel of the accused person to enhance the subject status of the sued person.Secondly,from the entity and the procedure to clarify the interests of the subject,the entity should clearly define the boundaries and magnitude of leniency,in the procedure can set up a multi-level penalty leniency procedure,but also to ensure the efficient connection of the various stages of criminal proceedings.Thirdly,the voluntary nature of the pleaded guilty penalty can be fully guaranteed by setting up a system of evidence disclosure,increasing the supervision of the judicial organs and strengthening the Court’s review of the voluntary penalty of the guilty plea.Finally,the right of the accused person to obtain the help of a lawyer should be fully guaranteed,and the right of defense of the accused can be guaranteed by increasing the strength of legal aid,giving full play to the role of lawyers in the pre-trial stage and perfecting the system of duty lawyer.