A Study On The Right Of Estoppel Of The Accused In The Case Of Confession And Punishment

Since the implementation of the leniency system of confession,whether it is the interim report of the pilot work or the judicial practice in various regions,there is the phenomenon of the accused’s repentance after confession.Whether the accused has the right of estoppel is controversial in theory.The current criminal procedure law and relevant laws in China are not clear.Giving the accused the right of estoppel may cause the waste of judicial resources on the surface,which is contrary to the pursuit of efficiency value of the lenient system of confession and punishment,but it is actually the essential requirement of the judicial contract of confession and punishment for the balance between efficiency and fairness and justice.In practice,the estoppel of the accused will bring double risks and challenges to the prosecution organ and itself,but the nature of the estoppel of the accused is not clear.The phenomenon of the estoppel of the accused can not be responded by the legislation,but increased this kind of risks and challenges.In addition,referring to the relevant foreign systems,such as plea bargaining and criminal negotiation,which are similar to "leniency of confession and punishment",it shows that the right of estoppel given to the accused has its legitimacy,and the accused should exercise the right of estoppel conditionally.The author thinks that the right of estoppel is the inherent right that the law gives to the accused,and it is an indispensable system construction of the leniency system of confession and punishment in our country.The accused makes the right of estoppel under the conditions stipulated by law,so as to guarantee the accused to voluntarily admit the crime and punishment without worries.On this basis,this paper will further clarify that the right of estoppel belongs to the legal exclusive right of the accused in the case of confession and punishment.Under the conditions stipulated by law,the accused can exercise the legal estoppel rights such as withdrawal,defense and appeal with conditions in the process of criminal proceedings,so as to establish the guarantee and response mechanism for the exercise of the right of estoppel of the accused,which should not only protect the rights of the accused Legal rights,but also to avoid the abuse of their rights and affect the practical effect of the leniency of confession and punishment system,and ultimately achieve the organic unity of efficiency and fairness of the leniency of confession and punishment system.