Research Of The Accused’s Optional Right Of Procedure In The Cases Of Admitting Guilt And Admitting Punishment

The leniency system for confessing guilt and punishing from pilot projects to legislation reflects the requirements of the Criminal Procedure Law’s policy of combining leniency and strictness,and meets the needs of judicial practice at this stage for improving the efficiency of litigation.The implementation of this system puts forward higher requirements for the protection of the rights of the prosecuted,and reflects the respect for the prosecutor’s subjective status.Although this system has achieved certain achievements in judicial practice,there are still many imperfections,including the issue of the prosecutor’s right to choose procedures.As a procedural right,what role does the procedural option play in the system,the basis of its existence,and the proper state of its reasonable operation are worthy of theoretical consideration."The right to choose procedures" is based on the concept of "rights"."Right"is an indispensable factor in a civilized society,and the "right to choose procedure" in criminal proceedings is the key to the prosecutor ’s exercise of free will.The study of the legitimacy of the right of procedural options is the key to studying the right of procedural options."Procedure is punishment" provides a necessary basis for the respondent’s right to choose procedures.The complicated and lengthy litigation procedures and the high application rate of pending custody have resulted in"procedure" becoming a disguised punishment for the respondent,allowing the respondent to be autonomous The selection of procedures can not only guarantee the legitimacy of the proceedings,but also enable the accused to simplify the process of criminal proceedings by choosing which procedures to apply,thereby reducing their burden.Secondly,the subjectivity theory provides a legitimate foundation for the right to choose procedures.People have personal dignity and have the possibility of self-improvement and self-development.It is justified to allow the respondent to make procedural choices autonomously through free will.In addition,the diversification of litigation procedures is the future development trend,and the right to choose procedures is also responding to this demand.The prerequisite for the establishment of this right is the existence of multiple parallel procedures with similar functions.The procedure xuan’z is clearly granted in legislation.To ensure its subjective interests.The life of rights is to operate.The purpose of granting the respondent the right of procedural choice is to apply it to judicial practice.However,whether it is textual provisions or judicial practice,there are insufficient voluntary guarantees for the respondent’s procedural choice,lack of initiative in the application of procedural choice,and procedural choice.There are many controversies about the right to repentance in the relief.In addition,since there is no equal negotiation mechanism for prosecution and defense in our country,the conflict between "prosecutor justice" and the neutral judgment of judges still exists,and the effectiveness and substantiveness of lawyers’ help is difficult to guarantee..To better promote procedural choice to play an important role in the system of guilty pleas and punishment,and to protect the rights of the prosecutor,the principle of the subject of the prosecution procedure should be established,the legal status of the procedural choice should be determined in legislation,and the prosecutor should be given The right to repent,allowing him to withdraw his guilty plea when he has justified reasons.At the same time,it is necessary to improve the relevant supporting systems to promote the reform of detaining cases,to promote the improvement and implementation of the effective lawyer assistance system,and to protect the voluntariness and initiative of the prosecutor’s right to choose procedures,and to ensure that the right to choose procedures in judicial practice It runs well.