Research On The Right To Remorse Of The Pursued Person In The Leniency System Of Confession And Punishment Acceptance

From 2016 to 2021,the leniency system of confession and punishment acceptance was formally established by law through pilot operation and continued to develop continuously,and the content of judicial reform in recent years is closely related to the system,and the improvement of relevant supporting measures needs to be discussed reasonably in order to ensure the long-term smooth operation of the system.In this system,the voluntary guarantee of guilty plea is a core issue,in addition to the use of positive measures to protect,to give the right of remorse to the pursued person to reverse the guarantee of voluntariness is also essential.At present,the research on the right of remorse is fragmented and confused,and lacks systematization.Based on this,this study intends to collect,summarize,and study the current situation of the system in recent years based on our national conditions,so as to conduct a comprehensive analysis of the dilemma faced by the exercise of the right of remorse of the pursued person,and discuss the improvement and development of the right of remorse of the pursued person in the leniency system of confession and punishment acceptance by the path of restriction,protection and relief.This paper is divided into six parts,and the key parts are the current situation of the right to remorse in the leniency system of confession and punishment acceptance,the real dilemma and the improvement path.The first part is the introduction.This part briefly introduces and discusses the relevant extra-territorial systems,clarifies the research value,and illustrates the research method and main innovations.The second part is the basic theory of the right of remorse of the pursued person in the leniency system of confession and punishment acceptance.This part clearly defines the connotation of the right of remorse and analyzes the similarities,differences and correlations with the retraction of confessions,appeals and guilty pleas,analyzes the nature of the right of remorse with its characteristics,discusses the justification of the right of remorse with the improvement of the theory and system of criminal procedure,and establishes the basic understanding of the right of remorse.The third part is the current situation of the right to repentance of the pursued person in the leniency system of confession and punishment acceptance.The starting point of this part is the laws and normative documents of the country and the pilot regions,and the starting point is the empirical study of the relevant experience of the eight pilot regions and the specific operation of the right to repentance of the pursued person in one hundred adjudication documents,and on this basis,the stages,types and reasons of repentance are summarized,and the current problems of repentance of the pursued person are briefly summarized,so as to "prescribe the right medicine The fourth part of the study is to summarize the stages,types,and reasons of remorse,and to briefly summarize the current problems of remorse,so as to "prescribe the right medicine".The fourth part is the realistic dilemma of the right to repentance of the pursued person in the leniency system of confession and punishment acceptance.This part extends the discussion of the problems deduced from the status quo in the third part and summarizes the four main dilemmas of the exercise of the right of remorse in terms of concept,system,exercise of power and results.The fifth part is the path to improve the right to repentance in the leniency system of confession and punishment acceptance.This part advocates for the dissipation of the real dilemma faced by the right to exercise by way of right restriction,right protection and right relief.On the premise that the right to repentance of the pursued person is justified,the logic of its effective operation is explored in combination with the observed current situation of the right to exercise.The sixth part is the conclusion.It aims to organize and reiterate the main points of the study and confirm the consistency of the research logic.