Study On The Voluntary Problem Of The Accused Person Under The System Of Leniency For Pleading Guilty

The system of leniency for guilty pleas was authorized by the Standing Committee of the National People’s Congress as a pilot in 2016.After years of careful research,development and application by the majority of scholars and practitioners,the system has gradually integrated into the criminal prosecution structure and the new trend of the development of the criminal procedure system in China.The system of leniency for guilty pleas was formally established in the revised Criminal Procedure Law in October2018,providing a new platform for the further development of the system.In the case of guilty plea,the procedure is simplified,and the focus of the court is gradually shifting to the voluntary nature of the accused’s guilty plea,the authenticity and legality of the statement.As a core concept in the system of leniency for guilty plea,the study of voluntary theoretical issues is far from meeting the needs of guiding practice,and there is still a lack of systematic legal provisions on voluntary identification,review and relief mechanism.By interpreting the theoretical connotation of voluntary confession and referring to the principle of voluntary confession in the principle of oral confession in the United States,this paper makes a synergistic analysis of voluntary confession and voluntary confession,so as to understand the core connotation,components and judgment criteria of voluntary confession.Secondly by analyzing China’s relevant laws and regulations about the voluntary review,network according to the written judgment of the retrieval results with the official judicial data such as data review domestic pleaded guilty to forfeit their general situation of the concrete implementation from the system,analyses the actual situation of voluntary run,points out that the current voluntary review focuses on the lack of standards and review the formal two problems of the system.By using the comparative research method,this paper takes the similar confession procedure of some foreign countries as the object of investigation,analyzes their characteristic experience on the issue of the voluntary confession of the accused,and summarizes meaningful enlightenment.On the understanding of the examination of confession and the judgment of complex problems,there are still some cases of vague application.In the determination and judgment of voluntary confession,the practitioners generally lack the deep cognition of the theoretical level of confession procedure,confusing the difference between voluntary confession and voluntary confession.It is difficult to determine whether the threat of inducement is sufficient to force the accused to plead guilty against his will.Based on the above problems,the concrete system design is carried out to effectively build the voluntary review system of the accused person’s confession and punishment in China.