Research On The Right Of Rescission Of The Leniency System Of Guilty Plea

In order to further improve the criminal procedure and rationally allocate judicial resources,the system of plea guilty and punished leniency has been confirmed in the form of the criminal procedure law as a reform of the legislation.After the country’s trials in pilot areas,the academic and practical circles summarized and analyzed the problems that occurred during the application of the system in the pilot.In order to better implement the system across the country,the "two high-level and three ministries" jointly issued the "Regarding the Application of Plea and Punishment "Guiding Opinions on the Leniency System",the basic principles,scope of application and conditions,leniency,pre-trial procedures,sentencing recommendations,trial procedures,lawyer participation,and protection of the rights and interests of the parties have made specific provisions.The author summarized the cases in practice and found that since the implementation of the leniency system for confessing guilt and punishing,although the part of the protection of the rights and interests of the parties has improved considerably compared to before the reform,how the judicial organs deal with confession and punishment in practice After the defendant repented.On the one hand,due to the lack of relevant legislative implementation rules,there is no set of corresponding procedural methods in practice,resulting in inconsistent practices in practice;on the other hand,some case handlers may still have lawsuits caused by repentance against the defendant.The consequences were not taken seriously,and the practice was rather sloppy in practice,so that the defendant could not truly protect its litigation value after repentance.The right of remorse refers to the defendant’s voluntary and truthful confession of his crime after pleading guilty and punishing,and making different views from the previous.After analysis,we need to grasp two points: first,it should be clear that this right is the defendant’s basic litigation right,inalienable;second,any right corresponds to the obligation,The exercise of the defendant’s right of remorse should also be reasonably restricted;third,the defendant’s right of remorse has a legitimate basis.The main reason why the law gives the defendant the right to renege is that it can better enable the defendant to exercise his actions and rights voluntarily in the course of litigation.It also makes the defendant have room for manoeuvre in making a guilty statement or accepting a sentencing recommendation.In previous cases,the problems in the exercise of the right of estoppel always presented the following points: first,there is no supporting system to advance;second,it is difficult to ensure the awareness of the defendant’s right to repent;the third is the adverse effects that the defendant may suffer after the exercise of the right of estoppel;the fourth is that the defendant’s right of appeal may be severely reduced;the fifth is that it is difficult to confirm whether the guilty confession previously made can still have evidential value.Therefore,in order to reduce the series of problems that arise after the defendant repents,a system design for exercising the right to repent should be established,and the construction of a leniency system for confession and punishment should be further improved.The article wants to elaborate from three perspectives: First,from the establishment of the right of estoppel itself,it is clear that the subject,time node and consequences of the estoppel right are exercised.The defendant’s estoppel right has a law to follow,and there are evidences to follow.The case handlers are set up in accordance with the procedures after the exercise of the estoppel right in accordance with the law.Standards carry out the next step of judicial operation;secondly,in terms of the protection of the right to estoppel,the protection role and advantageous position of duty lawyers are exerted.Their rights reach areas other than witnesses,and strengthen the duty lawyers to exercise estoppel on the defendant.Thirdly,in terms of rights restriction,any rights are relative.There are no unlimited rights.There are rights and obligations.It is necessary to prevent the defendant from repenting out of improper interests and wanton repentance so as not to consume too much judicial power and time.