Research On The Resentment Of The Respondent In The Application Of The Plea Of Plea

The legal provisions and judicial practice that embody the spirit of confession of confession and leniency have existed in China for a long time.The system of confession and confession of leniency is a background to further implement the criminal policy of leniency and strictness,rationally allocate judicial resources and promote judicial justice As mentioned below,the protection of the rights of criminal suspects and defendants(hereinafter referred to as "prosecuted persons")is particularly important in the entire criminal proceedings.In recent years,a series of pilot reforms,legal amendments,and documentary spirits have led to the continuous development and improvement of confession and confession regulations,and have also promoted the theoretical research on confession and confession.The research exchanges in various aspects and perspectives are extremely rich.Regrets and withdrawals of confession and punishment have also gradually attracted attention."Voluntary confession and confession" is the starting point for lenient treatment of the respondent,and the corresponding content is "voluntary withdrawal of confession and confession." In the case of confession and confession,the prosecutor can lodge a regret.It has been in October 2019.The "Guide Opinions on the Application of the Pleniency and Pleniency Relaxation System"(hereinafter referred to as "Guidelines for Plea Guilty and Punishment")issued by the "Two High and Three Departments" affirmed that there are also some provisions on the conversion of procedures,but the prosecutor’s remorse and the handling of repentance are still Lack of specific supporting safeguards.Repentance after confession and confession will easily result in a waste of judicial resources,and will also hinder judicial personnel from handling cases.Therefore,it is not advocated by the judicial organs and the lack of legislation has led to many problems in presenting and dealing with repentance.In the current confession and confession case,how to solve the problems faced by the prosecuted person in accordance with the existing laws and regulations,analyze the conceptual nature of "repentance" and the safeguards that should be established to promote the prosecuted person The protection of rights and interests is the focus of this article.This article is divided into four parts.The first part summarizes the confession and punishment and "repentance".In the current situation of numerous cases and limited judicial resources,the "confession" and "confession" should be properly controlled,and the spirit of the leniency system must be met,and it must be clear that the prosecutor’s repentance is the result of no longer confession and punishment..At the same time,the relevant provisions of confession and confession and repentance are sorted out,and its nature is analyzed.The second part explores the reasons for confession and confession,and the justification basis for allowing the respondent to regret,in order to facilitate the subsequent treatment of the respondent in different circumstances This kind of safeguard measures lays the foundation;the third part points out the problems facing the confession and repentance.First point out the controversial issues at the theoretical level,then point out a series of situations in which the respondent lacks protection for repentance,and understand the difficulties of the respondent.Safety precautions.In the case of confession and punishment of the responsibility of the prosecuted person,the prosecuted person shall be guaranteed to voluntarily,and the time for repentance shall be clear,and no reason restriction shall be exercised.Proposals and countermeasures for remorse are put forward,and corresponding suggestions are given to safeguard measures to solve the difficulties faced by remorse,protect the rights and interests of the respondent,and promote judicial justice.