A Study On The Protection Of The Prosecutor's Rights In The Case Of Confession Of Guilt And Punishment

As a new criminal justice system based on the basic principle of consultative justice,the leniency of confession and punishment system takes improving the efficiency of litigation,saving judicial resources,optimizing the allocation of judicial resources and alleviating social contradictions as its value connotation.As a key link in the operation mechanism of leniency of confession and punishment system,the accused reached an agreement on the facts of the crime charged and the sentencing suggestions on the basis of equal consultation with the national prosecution authorities,thus laying a legitimate foundation for the application of leniency of confession and punishment system.Therefore,it is very important to fully protect the rights of the accused in the case of pleading guilty and pleading guilty.Through the system theory and practical operation,the author makes an in-depth study on the protection of the rights of the accused in the case of leniency of confession and punishment,and finds that there are still many institutional risks in the protection of the rights of the accused in the current legal norms of our country.It mainly includes the problem that the defendant's choice and application of the leniency procedure of confession and punishment and the criminal summary procedure are only the passive consent right,that the state prosecution organ presents the formalized appearance when performing the obligation of notification and judicial review,that causes the damage of the defendant's right to know,that the exercise of the defendant's right of regret has not been paid much attention to,and that the defendant's defense There are some problems in the enforcement of the right of protection,such as the blind area of the system,independent sentencing procedure,the incomplete collection of sentencing information,the unclear entity leniency and the lack of attention to the procedure leniency.The reason for these problems is that the leniency system of confession and punishment is in the early stage of development,and the core concept of the rights protection of the accused is not very clear.However,no matter the interpretation of the connotation of the system or the formulation of the operation rules,the existing legal norms are obviously insufficient,which hinders the smooth operation of the leniency system in judicial practice.In addition,in the mode of authority litigation,the structure of criminal procedure in our country inclines to the prosecution seriously,the state prosecution organ holds the dominant power in the case of leniency of confession and punishment,the subject status of the accused is not fully valued,and the litigation rights it enjoys are not fully exercised.Therefore,after a comparative analysis of the beneficial experience of the consultative judicial system in foreign countries and regions,in order to further play the function of the leniency of confession and punishment system in judicial practice,we should build a multidimensional protection mechanism of the rights of the accused in combination with the characteristics of the consultative judicial system.To ensure the full exercise of the right of knowledge of the accused,to clarify the nature of the lawyers on duty,to establish an effective defense system,to ensure the accused to be effectively defended,to give the accused the right of leniency in pleading guilty and punishment and the right to start the criminal summary procedure,to reasonably regulate the time,reason and times of the exercise of the right of regret of the accused,and to clarify the time,reason and times of the exercise of the right of regret resulting in the recognition of the right of regret by the accused The legal effect of the withdrawal of the statement of guilty confession and punishment,the establishment of special judicial review procedures,the clarification of the specific contents and methods of judicial review,the construction of independent sentencing procedures and lenient sentencing mechanism,to ensure the fairness of sentencing,also helps to standardize the discretion of judges.At the same time,we also call on the state prosecution authorities to pay attention to the mechanism of procedural leniency and improve the application rate of pretrial non custodial coercive measures.All in all,the legal rights of the accused in the leniency of confession and punishment cases are effectively guaranteed,which not only can promote the application of leniency of confession and punishment system in judicial practice,but also is conducive to the realization of improving the efficiency of litigation and maintaining judicial justice.