Research On Voluntary Guarantee System Of The Accused’s Confession And Punishment

Due to the rapid development of economy in our country,the society is in the transition period,resulting in a lot of social contradictions.The incidence of criminal cases is also constantly increasing,"more cases and fewer people" problem is increasingly prominent.How to ensure the judicial justice more quickly at the same time improve the efficiency of the case is an issue worth thinking about.The System of the Accused’s Confession and Punishment arises at the historic moment.This system is a new and important attempt in the current criminal procedure system of our country.It is specially set up to ensure to admit guilt and accept punishment.It runs through the whole stages of the criminal procedure and covers many aspects of system norms such as entity and procedure.It is compatible with the three-dimensional criminal trial procedure mode of our country.The basic connotation of this system is that the accused voluntarily confess his guilty and accept punishment,reach a certain agreement with the judicial organ within the scope permitted by law,and obtain leniency in punishment on the basis of guaranteeing the voluntary nature of the accused.The implementation of this system is not only conducive to the diversion of criminal cases,improve the efficiency of criminal proceedings and saves judicial resources and social and economic interests to a certain extent,but also in line with the international community’s current idea of continuous emphasis on human rights protection.The purpose of studying the voluntary of the accused and guarantee its voluntary is to ensure the smooth development of the system.This paper discusses the current situation and difficulties of the accused’s confession and punishment,and tries to find solutions to the above problems.The paper can be divided into four parts.The first part briefly introduces the theoretical basis of the paper.First of all,it summarizes the specific content of the leniency system,including its background,connotation and theoretical basis,which is to sort out the general framework of the system.On this basis of this,it further defines the voluntary,mainly discusses what the voluntary of the accused’s confession and punishment is,the judgment standard of the voluntary and the theoretical basis of voluntariness.This gives a clear introduction to voluntariness.At the same time,different scholars have different research on protecting the voluntariness of the accused,the theoretical basis also has different conclusions.The theoretical basis of the voluntary nature of the accused in this paper is mainly the theory of procedural choice,the concept of restorative justice and the concept of consultative justice;the next is to discuss the necessity of the voluntary nature of the accused,which is the requirement of punishment and education,prevention of wrong cases and protection of human rights.The second part is a comparative study of the voluntary guarantee of confession and punishment.It is mainly from the common law countries and the civil law countries.This is because of the particularity of our social system.So our legal system also has its natural particularity.The study of the two legal systems is conducive to absorbing the advantages of the relevant systems in the two legal systems to protect the voluntary of the accused.And extracting the enlightenment for China,including the protection the accused’s rights,the protection of the lawyers’ participation,the protection of the judicial review of the court and clarifying the sentencing norms.The third part summarizes the current situation and difficulties of voluntary guarantee in China.First of all,it introduces the current situation of the voluntary guarantee of the accused’s confession and punishment and it is stated from two aspects of legal expression and judicial practice.At present,in the legal provisions and practical operation,there are still some problems in the voluntary protection of the accused.Further elaboration of the dilemma is mainly includes the right of silence,lawyer’s defense,judicial review and evidence.Some of these problems can be solved with the continuous improvement of the system,and some need to be further considered in our criminal procedure law.The fourth part,in view of the above mentioned specific issues to improve the voluntary security system.The discussion is mainly from two aspects,the first aspect is the protection of guilty plea,which includes the legislation,lawyer’s defense system,judicial review and the exclusion of illegal evidence.The second is from the punishment,including sentencing norms and sentencing recommendations system.After the above two aspects,we can also explore the relevant supporting measures to guarantee the voluntary,including improving the standard of proof,the system of evidence discovery,and the system of sound recording and video recording.It is a process of continuous improvement in judicial practice to guarantee the voluntary admission of guilty.