Resesrch On The Right Of Repentance Of The Accused In Guilty Plea

The guidance on the application of the leniency system of guilty plea published in 2019 puts forward the concept of withdrawal of guility plea and the right of repentance.In fact,before the introduction of this "guidance",there have been many cases in which the accused went back on his promise and applied for withdrawal or appeal after signing the plea agreeent.The "notice of leniency system of guilty plea" and the implementation rules in some areas have already dealt with related issues.The existence of the right of repentance is an indisputable fact.But there are almost no detailed provisions on the right of repentance,whether in the he Criminal procedure Law,the newly issued "guidance",the template of documents or the rules for the implementation of various places.The lack of systematic norms on the right of repentance not only leads to a great difference in the specific process of the accused exercising the right of repentance in judicial practice,the handling methods and results of the case-handling organs are very different,but also destroys the unity of the application of the law.More importantly,the voluntary and subjective initiative of guilty plea of the accused will be greatly affected.For this reason,this paper selects the right of repentance of the accused who admit the guilty and accept the punishment as the research theme,and on the basis of combing the practice of the accused repent in this procedure,discusses the problems and reasons in the process of exercising the right of repentance,and puts forward targeted suggestions in order to improve the current leniency system of guilty plea.The main body of the text is divided into five parts,which are summarized as follows.The first part discusses the legitimate basis of the right of repentance of the accused who admit the guilty and accept the punishment.From the fact that the leniency system of guilty plea has an obvious nature of criminal contract,it can be found that the right of repentance of the accused is an indispensable part of the operation of this system.It is not only the embodiment of autonomy of will in negotiation,the due meaning of the defense right of the accused,but also an indicator of voluntary judgment,and an effective way to balance the litigation status of both parties and find the truth of the case.The second part takes the stage of criminal procedure as the dividing node and introduces the practice and operation of the accused exercising the right of repentance in our country.It briefly combs the relevant provisions on the right of repentance in the existing Criminal Procedure Law,The guidance on the Application of the leniency system of guilty plea,the detailed rules for the implementation of various regions and the template of documents,It also introduces the operation process and treatment of the accused exercising the right of repentance in practice.On the basis of the practical operation of the second part,the third part analyzes the main problems and their causes in the process of exercising the right of repentance of the accused in our country.At present,the main problem is that the process of exercising the right of remorse is unclear,and the provisions on the restrictions and consequences of exercising this right are indistinct,resulting in different ways for different case-handling organs to deal with this in practice.In addition,in order to solve the problems of inappropriate sentencing and reduced judicial efficiency caused by the defendant’s appeal,the practice of "passive protest" has appeared in practice,but the rationality of this practice is in doubt.The main reason for these problems is that the existing system is not perfect and systematic,the judicial staff do not have a clear understanding of the difference between guility plea and confession.The thought of obligation departmentalism in the traditional judicial concept has not completely disappeared.,and the subjective initiative to promote the operation of the system is not strong due to the uncertainty of the risks and benefits of the accused’s exercise of the right to both the prosecution and the accused.In the fourth part,aim at the above-mentioned problems,the author puts forward some suggestions on how to perfect the system of the right of repentance of the accused.On the one hand,the right should be protected from the outside.Ensure the accused’s knowledge of this right and the factual basis of it is important.At the same time,problems can be prevented by stipulating admission of guilty and acceptance of punishment as legal circumstances of sentencing,promoting the deepening of the litigation mode of right departmentalism,strengthening the training of case-handling personnel and the awareness of the rights of the accused.On the other hand,it designs the basic process framework of exercising the right of repentance from the aspects of subject,way and examination,and enriches the details,sets the limitation of repentance according to different stages,then makes clear the substantive and procedural consequences after reneging.In addition,it gives special provisions on the appeal of the defendant in the leniency system of guilty plea.