Study On The Validity Of The Affidavit Of Guilty Admission And Punishment Acceptance

The affidavit of guilty admission and punishment acceptance is one of the core issues of the plea system,and the effectiveness issues affect the system.Scholars have made important research,but there are still deficiencies in its systematicness.The study of the system is based first on the participants,another one can be divided into physical and procedural levels.Among them,the nature of the issue is a prerequisite,the current existence of the main one-sided and two-sided said to be in conflict with the purpose of our legislation.The practical dimension is related to the impact of the guilty verdict,and the study of the validity of the evidence is neglected.At the procedural level,we are more concerned with the requirement to streamline trial procedures.The impact of reversals by defendants and prosecutors is not analyzed at the procedural level.Review of voluntarism is far from the study of effects.A series of problems not only lead to insufficient research,but also make the role of the system not play effectively.This thesis is a combination of literary analysis,historical analysis,case analysis and comparative analysis to conduct a comprehensive study on the issue of effects,and grasp the formation,physical effects and procedural generation of effects,and grasp the complete framework for the determination and punishment of crimes in China.The full text is divided into four parts:The first part is a summary of the concept.First,we explore the relevant meaning in the context of semantics,historical systems and relevant laws.Second,we analyze the content of the text and clarify the current situation and problems in relation to the actual text.Then,on the basis of the main doctrine,combined with the policy purpose and the original intention of legislation,it is concluded that the expansion theory should be adopted.The second part is the study of substantive effects.First,we explore the impact on the conviction of the indicted person,primarily the issue of evidentiary effect.Second,we analyze the impact on the procuratorial authorities,requiring them to prosecute according to the contents of the record.Finally,according to Article 201 of the Code of Criminal Procedure,the final judgment of the judicial authorities is binding.The third part is the study of the program effects.First,we study the impact on the appellant’s revocation and protest,and on this basis,study the binding effect on the procuratorial authorities’ revocation and protest.Finally,the ultimate requirements for the judiciary’s trial process are discussed,which are reflected in both streamlined trial procedures and self-censorship.The fourth part of the refinement of effectiveness,divided into three levels,formation,physical effects and procedural effects.First,the generation must refine the content according to the nature of the expansion theory.Second,at the level of substantive effectiveness,it must clarify the evidentiary effect and the reference role of the judgment.Finally,at the effectiveness of the procedure,the procedural requirements of the prosecuted person,the prosecuting authority,and the judicial authority should be indicated separately.