On The Voluntary Nature Of The Accused Person In The System Of Condemnation Penalty

The system of leniency for pleading guilty has come a long way since its pilot in China in 2016.The extensive application of the system of leniency in punishment for guilty pleading from the pilot to the present is an important embodiment of the implementation of the criminal policy of leniency and severity in China.The purpose of the system of leniency for pleading guilty is to improve the efficiency of litigation.While realizing the optimal allocation of judicial resources,it also protects the human rights and other legal litigation rights of the accused.Therefore,the voluntary nature of the accused is particularly important in the system of leniency for pleading guilty.Once the accused person chooses to plead guilty,it means that the accused person gives up the right of defense given by law,loses the opportunity of innocent defense,and loses the protection of due process provided by law.If the accused person does not voluntarily plead guilty at the very beginning,it means that the system of leniency for guilty plea has an application error at the very beginning.The system of leniency for guilty plea lacks legitimacy,which may lead to more unjust,false and wrong cases,and violates the original intention of the system of guilty plea.Therefore,the voluntary nature of the accused is also a key issue in the system of guilty confession.This article is divided into four parts to discuss the voluntary nature of the accused in leniency of guilty plea.The first part of this paper is an overview of the voluntary nature of the accused in the system of leniency for guilty plea.This part first briefly expounds the system of leniency for guilty plea,and then discusses the concept,components,judgment criteria,value and significance of the accused’s voluntary nature.The second part of this paper discusses the problems existing in the voluntary nature of the accused in the system of guaranteeing leniency of guilty plea.The third part of this paper introduces the relevant experience of the voluntary protection of the accused in the relevant systems outside the region,mainly introducing the relevant experience of the United States,Germany .The fourth part of this paper is aimed at the existing problems in the system of leniency of guilty plea to the voluntary protection of the accused,including legislative and judicial aspects.The guarantee of the voluntary nature of the accused is related to the success or failure of the reform of the system of leniency of guilty plea,so we must attach great importance to the guarantee of the voluntary nature of the accused.