A Study On The Protection Of Human Rights Of Accused Persons Under The Leniency System Of Admitting Guilt And Accepting Punishment

The object of criminal proceedings is that the person being pursued is not the victim,so the subject of human rights protection discussions is the person being pursued.This article macroscopically analyzes the formation mechanism of the leniency system of pleading guilty and punishment and the significance of guaranteeing the human rights of the prosecuted.The system of plea confession and punishment leniency is in line with the concept of human rights and judicial protection.It is in line with the purpose of criminal proceedings and functionally in accordance with the requirements of judicial justice and modern rule of law.From the microscopic perspective,it analyzes the various litigation links in which the rights of the prosecuted person are easily violated in the system of pleading guilty and leniency.It is mainly manifested as the problem of the principle of not compelling self-incrimination,the problem of the duty lawyer,and the evidence acceptance of the respondent 's repentance.By examining the relevant experience of the US plea bargaining system,we can make reference to the improvement of the leniency system of pleading guilty and punishment in China.Therefore,the system of leniency in plea confession and punishment should be reconstructed to adhere to the principle of adaptability of crime,punishment and punishment,and to refrain from self-incriminating the crime.The right to help;in the procedural norms,the introduction of a system of restricting the right of the person to be prosecuted to silence;the last is to establish specific standards for the leniency of sentencing,and promote the leniency of guilty plea punishment.