On Voluntary Guarantee Of Pleading Guilty And Acceptance Of Punishment

The issue of voluntary guarantee is the core and premise for the construction of leniency system under guilty plea,which runs through the whole such system and contains the important value pursuit of human rights protection.In recent years,the application rate for the leniency system under punishment for pleading guilty has been increasing continuously,and the voluntary guarantee is facing institutional and operational risks.In the case of the threat to the voluntary,starting from the existing problems,it is the focus of this paper to carry out an indepth study on the voluntary guarantee of the accused person’s confession of guilt.This paper is divided into five parts to study the voluntary guarantee of the accused in the punishment of confession:The first part summarizes the voluntary nature of the accused in the confession penalty.Firstly,it puts forward the dilemma of the voluntary definition.Secondly,according to the concept and content for the voluntary penalty of confession,the voluntary nature of confession punishment is expounded in multiple dimensions.The second part discusses the forms of voluntary confession of guilt,explores the forms in different types of voluntary confession from the positive and negative aspects,then further clarifies the connotation and extension under voluntary confession of guilt.The third part analyzes the value for voluntary procedural guarantee of guilty confession and concludes that it plays a positive role in promoting judicial justice,strengthening human rights protection,realizing litigation democracy,improving judicial efficiency and establishing judicial authority.In the fourth part,the risks of voluntary confession in China are sorted out.In terms of system design,it is carried out from three aspects: voluntary confession rules,withdrawal and reversal procedures,and equal sentencing consultation mechanism.In terms of practice,it investigates the risks of voluntary right protection,the help of duty lawyers and voluntary examination.The fifth part raises the relevant safeguard measures for the voluntary penalty of confession,it puts forward the relevant measures for voluntary guarantee,and provides preventive guarantee for voluntary guarantee of confession by establishing voluntary confession rules,improving voluntary guarantee system and establishing substantial and effective legal help mechanism.At the same time,it raises some punitive measures,such as the protection of the respondent’s remedy right,establishment for duty mode of procuratorial explanation and the rule for invalidation of confession,so as to make the voluntary protection more reasonable and scientific.