A Research On The Guarantee Of Voluntary Pleaded Guilty And Punishment In The Investigation Stage

The original intention of the establishment of the confession and punishment system is to protect the criminal suspects and defendants to the greatest extent possible to plead guilty and repent,and further achieve the purpose of saving judicial resources.According to the judicial practice of our country,the investigation stage is the prime time to collect evidence of a suspect’s testimony.Due to the imperfect legal system in our country,there are often problems such as torture,inducement,and fraud,which makes it difficult to guarantee the authenticity of a suspect’ s confession.with voluntariness.In the investigation procedure,interrogation is the most common and direct method to obtain confessions,and it has formed a prominent manifestation of the direct confrontation between the public power in our country and it.During the interrogation process,the evidence chain cannot be formed due to the incomplete grasp of various evidences,and the suspect’ s modus operandi is concealed and the modus operandi is intelligent.Therefore,in order to seek breakthroughs in the case,the investigators will choose to educate,Threats and deterrence strategies are used to collect confessions from suspects in order to provide clues and guidance for further breakthroughs in the case.When there is still no breakthrough in the above-mentioned form,the investigative agency changes the interrogation strategy,puts forward a " reasonable sentencing opinion",gains the trust of the criminal suspect,and signs the prosecution opinion,and the case smoothly enters the review and prosecution stage.The protection of voluntary confessions is particularly important.In response to the legal provisions that early confession is better than late confession,stable confession is better than unstable confession,etc.,full attention should also be given to the voluntary nature of confession in the investigation stage,and special attention should be paid to the fact that the suspect’s confession and punishment at this stage are voluntary It is not caused by the coercion of the investigative organs,so as to ensure that the original intention of protecting human rights and saving judicial resources can be realized.On the basis of the continuous deepening of the understanding and practice of the current confession and punishment in our country,through the basic theoretical interpretation of the voluntary nature of confession and punishment,the connotation of " confession" and " voluntary assurance" and the meaning of voluntary confession and punishment in the investigation stage are clarified.The current situation and existing problems,and further analyze the causes of the involuntary confession of guilt and punishment in the investigation stage,and pay attention to the measures to ensure the voluntary confession of guilt and punishment in the investigation stage from the legislative and practical levels,ensure judicial justice,and strengthen the protection of the rights of criminal suspects.