Study On The System Of Guaranteeing The Accused’s Voluntariness To Plead Guilty

With the continuous development of the plea leniency system in practice,some new problems will arise.Among them,the voluntariness of the prosecuted person to plead guilty is one of the issues worthy of attention and solution.If the bottom line of the voluntary confession and confession of the accused cannot be guaranteed,the plea leniency system will not achieve the expected results,and even become a hotbed for unjust,false and wrongful cases.This article is based on China’s current judicial system,according to the "Criminal Procedure Law" and related judicial interpretations,combined with the obstacles encountered by the prosecutor’s voluntary protection in judicial practice,and build a voluntary security system from both internal and external perspectives.The so-called internal means starting from the respondent and constructing a complete system of litigation rights,including the protection of the respondent’s right to know,the right to help the lawyer,the right to withdraw,and the right to relief.The so-called external refers to the discussion from the perspective of power restriction,specifically from the aspects of power operation and judicial review.In addition to the introduction and conclusion,the main article is divided into four parts.The first part is an introduction to the basic theory of the Plea leniency system.First,the author introduced the connotation of "confession of sin","confession of punishment" and "leniency"."Confession" means "the person who is being prosecuted voluntarily and truthfully confessed his own crime,and has no objection to the facts of the alleged crime.Plea confession includes both confession in substantive law,confession,confessions in court,and other similar circumstances and procedural law "Confession" means that the person prosecuted for the crime sincerely repents and is willing to accept the punishment."Legacy" includes both lenient punishment in the entity and procedural simplicity.Secondly,it introduces the theoretical basis for guaranteeing the prosecuted person’s voluntary pleading guilty.Finally,it explains the constituent elements of the prosecution’s voluntary guarantee system for pleading guilty and pleading guilty..The second part analyzes the status quo of the voluntary guarantee system of confession and punishment.Generally speaking,the case handlers are basically aware of the importance of guaranteeing the prosecuted person’s voluntary confession and punishment in practice,,but there are still many problems.In response to these problems,the reasons can be summarized into two aspects: one is that the implementation of rights protection is not in place;the second is the lack of restrictive mechanisms for the exercise of power.The third part is the introduction of the voluntary safeguard measures for the respondent in the consultation system of the three countries: the United States,Germany and Italy.Through the inspection,we can see that the consultation system of the three countries of the United States,Germany,and Italy is relatively perfect for the voluntary guarantee of the pleaded guilty,and has formed a voluntary guarantee system with its own characteristics.On the basis of properly drawing on the successful experience of foreign countries,based on China’s judicial practice and the direction of judicial reform,a voluntary guarantee system with Chinese characteristics will be constructed.The fourth part is the suggestions to strengthen the voluntary protection of confession and punishment.From the perspective of internal rights protection and external power constraints,construct a voluntary guarantee system.In terms of internal rights protection,it specifically includes strengthening the notification obligation of the case-handling organ,perfecting the lawyer’s right to help,the right to repentance and relief,etc.;the external public power restriction is refined into two aspects: regulating the operation of power and reviewing the voluntariness of confession and punishment.The former is mainly reflected in the standardization of interrogation by investigating agencies and the negotiation of sentencing organs of prosecution agencies,while the latter is mainly reflected in the clear voluntary review standards.