Research On "Admission Of Guilt" In "Lenient Treatment For Admission Of Guilt And Acceptance Of Punishment"

In the system of lenient treatment for admission of guilt and acceptance of punishment,"admission of guilt" has its own meaning.It asks the criminal suspect or defendant to confess his crime voluntarily and admit the facts of the alleged crime.The admission of guilt takes place at all stages of criminal proceedings,and its forms are diverse,and have dual meanings of substance and procedure at the same time.So,it is difficult to determine the standard of "admission of guilt".By analyzing the current status of the determination of "admission of guilt",it is found that there are the following three problems : First,the standards for determining admission of guilt are inconsistent in various regions,which is reflected in the inconsistency of the scope of "guilt" in admission of guilt.Second,through the analysis of Yu Jinping’s traffic accidents and other cases,it is found that it’s hard for judicial organs to reasonably grasp the leniency in situations where three facts(surrender,confession and admission of guilt)coincide.Meanwhile,judicial organs can’t handle the situation where these facts coincide.The failure to provide a comprehensive and systematic explanation of the "truthful confession of one’s crime" and "admission of the alleged crime" in the admission of guilt cause the problem.Third,the lack of guarantee for the voluntary confession of guilt has resulted in the invalidation of the whole procedure.Specifically,the content of the procuratorate’s notification of rights is not comprehensive,the lack of counsel’s defense,and the imperfection of voluntary review has led to prosecution’s protest,and the defendant’s appeals are frequent.Ultimately,it is impossible for the system to improve judicial efficiency.It is necessary to use the method of legal interpretation to explain the specific requirements of "admission of guilt" from the standpoint of criminal integration if we want to solve problems above-mentioned.And we should comprehensively consider the criminal policy,criminal law principles,the coherence of the criminal law system,and the tasks,principles,and objectives of the criminal procedure law.The final analysis concludes that admission not only requires the suspect and defendant to admit the facts of the alleged crime,but also confess that their behavior constitutes a crime.The requirement of "truly confessing one’s crime" should refer to the provisions of surrender.Regarding the "recognition of the alleged criminal facts ",it is necessary to clearly define the scope of space that allows criminal suspects and defendants to plead.We should allow the defendant to plead the unimportant facts and charge.Dividing admission of guilt into three types: surrender type,confession type,and other types(voluntary confession in court),which helps to clarify the relationship between the various plots and reasonably grasp the lenient range of each plot.Specifically,the most leniency is the surrender-type admission of guilt,and the least leniency is the confession.Finally,strengthening the guarantee of the voluntary in admission of guilt is conducive to ensuring that the process is legal and effective.So,the judiciary must not only improve the procedures for voluntary review,but also fulfill the obligation of rights notification,and fully protect the rights of the defendant from all aspects.