Researches On The System Of Rescission Of The Accused Plead Guilty

After the leniency system was incorporated into the framework of my country’s judicial system reform,it has been on the right track after trial practice and then officially incorporated into my country’s Criminal Procedure Law,but there are still some detailed problems in its application in judicial practice.And weak links,including the issue of the prosecutor pleading guilty and punishing.It is not uncommon for the prosecutor to plead guilty and punished and then repent.Although my country’s current legislation has more principled provisions on this issue,the relevant theoretical justification and practical exploration have not yet formed a complete system,resulting in In judicial practice,there is no uniform standard that can be followed to solve the correct exercise of the right of the prosecutor to plead guilty and punished,to regulate the abuse of the right to regret,and to solve the related problems after the right to regret.Therefore,it is very necessary to conduct a systematic study on the issue of the prosecutor’s confession and repentance.The research thinking of this article is based on clarifying the basic theory of the right to repentance in the system of confession,confession and punishment,analyzes the status quo of legislation and time,puts forward the problems existing in the system of confession,confession and punishment and tries to solve them.This article first clarifies the concept and nature of the prosecutor’s right to repentance in the system of affirmation,confession,confession,and punishment,lists the stages and content of the prosecutor’s confession,confession,and repentance,summarizes the theoretical basis of the prosecution’s confession,confession,and repentance system,and analyzes the exercise of the prosecution’s right to repentance Pros and cons;secondly,based on the status quo of China’s legislation and judicial practice,it was discovered and proposed that the prosecutor’s confession,punishing,and remorse system currently has problems such as lack of legal regulation on the exercise of the right to repent,judicial disputes after repentance,and imperfect response mechanisms after repentance;The legislative and judicial experience of similar systems outside the territory summarized the commonalities and advances of several representative countries in the exercise of the right to repentance,the handling of guilty confessions,and the guarantee of the voluntary confession of guilt and punishment;finally,the right to repentance Suggestions on improving the system of confessing guilt,punishing and repenting of the prosecutor were put forward in terms of exercise,restriction conditions,review procedures,and legal consequences.Solving the problem of repentance of prosecutors in the system of confessing guilt and punishing leniency is of positive significance for guaranteeing the voluntariness of confessing guilt and punishing and ensuring the quality of leniency cases.In view of the existing problems and theoretical controversies,this paper attempts to propose a conception of the improvement of the prosecutor’s confession and punishment and repentance system,in the hope that my country’s confession of guilt and punishment can be further developed.