Research On The Issue Of Remorse Of The Prosecuted Person In Plea Cases ——Based On Research In P County,Province G

As a "Chinese plan" that embodies China’s wisdom,since its implementation,the plea system has achieved phased results in handling criminal cases,and the application of the system is premised on the prosecution admitting guilt and accepting punishment and signing the "Plea Affidavit",and insufficient voluntary protection may lead to the prosecution’s remorse,and remorse is also the "natural right" granted to the prosecuted person when the system was established.The remorse of the prosecuted person plagues the case-handling personnel,and there is still room for improvement in the specific response to the remorse,china has not yet established an institutionalized and normalized handling mechanism to deal with the remorse of the prosecuted person,in practice,there is no unified normative standard for the handling and relief of remorse in different regions.Therefore,it is necessary to analyze the issue of remorse of the prosecuted person based on judicial practice,and this paper analyzes and studies the relevant issues involving the remorse of the prosecuted person through in-depth research by the court and procuratorate of P County in G Province and the procuratorate,and puts forward suggestions for solution,in order to promote the protection of the voluntariness of the prosecuted person to admit guilt and accept punishment,and reduce the occurrence of remorse.This article is divided into five sections:The first is the introductory part.The background and significance of the research issues,the legislative status and research status of the issue of the respondent’s remorse,the main innovations and shortcomings of this paper,and finally the meaning and expression of the respondent’s confession of guilt and acceptance of punishment and remorse are elaborated in the litigation stage,and the legitimacy of the prosecution’s remorse is explained from three aspects.The second part provides a brief introduction to the basics of the survey.This paper mainly uses the questionnaire survey method,empirical analysis method and interview research method to investigate and write papers,explain the reasons for choosing the research site,and put forward feasible suggestions for the judicial practice of the estoppel of the prosecuted person in plea cases through the research report.The third part is the collation and analysis of research data.After collation and analysis,this article summarizes the basic situation of the reclaim of the person subject to remorse in the region,which mainly presents four characteristics: First,the stage of repentance is mainly concentrated after the first-instance judgment,secondly,the judgment result is more important than the main reason for the remorse of the pursuant,the third is that the causes of remorse are relatively concentrated,and finally,the defense force of the case of repentance is weak.In view of the situation of remorse,the judicial response of the case-handling organ can be summarized into four points: first,the judicial organ generally does not adopt the confession of remorse,second,the result after the counter-remorse appeal is to maintain the original judgment as the norm,third,the remorse of the person being prosecuted may cause the procuratorate to protest,and fourth,in response to the counter-remorse appeal,the second-instance court will quickly handle the trial,so as to form a demonstration effect.The fourth part is a summary and analysis of the problems of repentance of the prosecuted person in the plea case in the region.The author mainly sorts out four problems: first,in practice,the voluntary protection of the prosecuted person is insufficient and the review of the voluntariness and remorse of the prosecuted person is insufficient;secondly,the guilty confession before the prosecution repents is still used as evidence;third,the prosecution’s remorse is regarded as a bad attitude towards admitting guilt,and there is a risk of aggravated punishment;and finally,the protest standards for counter-appeals are not uniform.The fifth part is a proposal to resolve the issue of remorse of the person being prosecuted.This article puts forward four suggestions: First,from the level of improving the effectiveness of legal assistance for duty lawyers,put forward a method to ensure the voluntariness of the prosecuted person to admit guilt and accept punishment,and the case-handling personnel should strengthen the review of voluntariness and remorse.The second is to standardize the use of confessions of guilt before repentance,which should be discussed in stages,and those who repent before the first-instance judgment cannot be used as evidence in the subsequent stages,but those who repent after the first-instance judgment can still be used.The third is to make it clear that the remorseful act of the person being prosecuted cannot be based on a bad attitude of admitting guilt,which becomes the basis for severe punishment.Finally,the author makes suggestions from the perspective of rationally understanding the right of reclaim and appeal of the prosecuted person and the reasonable use of the right of protest by the procuratorate,so as to achieve the effect of balancing the right of recourse and the right of counter-appeal of admitting guilt and accepting punishment.