A Study On The Rescission Of The Accused In The Leniency System For Pleading Guilty And Accepting Punishment

Since the trial of the leniency of confession and punishment system,the litigation status of the accused and the protection of their rights have always been the focus of academic circles,because it concerns the Justification and legality of the system.Giving the respondent the right to rescission is the due meaning of ensuring that he voluntarily pleads guilty and accept punishment,and it is also an inevitable requirement to maintain his subject status.When the Criminal Procedure Law was amended in 2018,it was not clear from the legislation that the prosecuted person has the right to rescission.With the introduction of the guiding opinions on the application of leniency system of confession and punishment in 2019,the accused has the right to rescission Based on this,this article conducts research on the rescission of the prosecuted.Because the term "right to rescission" has not reached a consensus in the academic world,first of all,the contents and extensions of the right to rescission are sorted out,and the legitimacy and risk of the respondent’s rescission is discussed,thereby forming a preliminary understanding of the rescission.Secondly,it explores the operation of the right of rescission of the accused in the system of leniency of confession and punishment from two aspects of legislation and justice.By analyzing the cases of rescission in the network of judgment documents,it finds out the litigation stage,different situations of rescission and the way of exercising the right of rescission of the accused.Finally,on the basis of theoretical and practical investigation,the author puts forward some suggestions on the construction of the right of rescission of the accused in the system of leniency of confession and punishment.In order to standardize the operation of the right of rescission in judicial practice,the subject,time and reason of the exercise of the right of rescission should be legalized,and the abuse of the right of rescission by the accused should be reduced through correct publicity system,standardized sentencing consultation,and improved the guarantee of the right of knowing of the accused The possibility of right of repentance,the realization of the value pursuit of the system of leniency of confessionand punishment to improve the efficiency of litigation.When the respondent’s confession of guilty and punishment forms an obstacle,it is necessary to clarify the respondent’s right to appeal,standardize the prosecution authority’s right to protest,and optimize the conversion of procedures to improve the litigation mechanism of the respondent’s repentance.